House repossession action can proceed

Receiver brought proceedings seeking the repossession of a property owned by Waterford GAA manager Davy Fitzgerald

Davy Fitzgerald acquired the Co Clare property with loans from ACC Bank that were purportedly acquired by Pepper in 2019.

The High Court has refused to adjourn proceedings brought by a financial fund-appointed receiver seeking the repossession of a house owned by Waterford GAA manager Davy Fitzgerald.

Receiver James Anderson of Deloitte, appointed by Pepper Finance Ireland DAC, brought proceedings seeking the possession of a property which Mr Fitzgerald owns but where his sister Helen Fitzgerald has resided for several years, at Clonara, Sixmilebridge, Co Clare.

Mr Fitzgerald acquired the property with loans from ACC Bank that were purportedly acquired by Pepper in 2019.

In a pre-trial application to the court, Ms Fitzgerald sought to have the repossession application adjourned until the Residential Tenancies Board (RTB) adjudicated on an issue raised by her.

She claims as a tenant of the property, her tenancy can only be lawfully ended by the service of a valid notice of termination. She claims that no such notice has been served on her, and has made a referral to the RTB, whose functions include the provision of a dispute resolution service for tenants and landlords.

She further claimed that the receiver’s repossession proceedings should be adjourned until the RTB had determined the matter.

The application was opposed by the plaintiffs.

Ruling

Ruling on the adjournment application, Mr Justice Garrett Simons refused the adjournment application and said the case should be readied for hearing before the High Court.

In his ruling, the judge said the determination of issues raised by Ms Fitzgerald — including if she can assert that she has a binding tenancy against the plaintiffs — lies with the High Court and not with the RTB.

There was nothing in the 2004 Residential Tenancies Act which states that the RTB has exclusive jurisdiction to decide whether or not a valid tenancy ever existed, the judge said.

The judge said that his judgement should be brought to the attention of the RTB.