Racehorse trainer claims 'intimidation' by stable owner in row over rent arrears
Judge granted injunction restraining the defendants, their agents or any party acting in concert with them from encroaching or interfering with the property.
A well-known racehorse trainer has claimed before the High Court that his yard has been damaged, the water and electricity at his stables cut off, one of his horses let loose and injured following a row with the landlords over disputed rent arrears.
Trainer Brendan Duke claims he has been told to vacate Fenway House, Pollardstown, The Curragh, Co Kildare, where he and his young family reside and where he trains horses for the joint owners Peter Keatley and Teresa Kearney.
He claims the recent interference with the property, including the cutting-off of the utilities and a horse being injured after being let loose, is an attempt to remove him and his family from Fenway House "through intimidation".
He also claims the defendants appear to have engaged the services of a debt collection company called Seoige & O'Faolain.
He claims in recent days a number of men dressed in "similar uniforms" served him a notice purporting to terminate his tenancy, and "gave me 14 days to leave" the property.
He claims he is not able to tolerate these disruptions and intimidation.
While the new owners have claimed he owes about €90,000 in rent arrears and no right to be on the property, Mr Duke says he has a valid tenancy in respect of the property where he has lived and worked for many years.
Mr Duke also says he has no problems paying rent to the owners due since April, when they acquired the property.
On Wednesday, Mr Justice Mark Sanfey granted Mr Duke a temporary, ex-parte, injunction against Mr Keatley and Ms Kearney, with an address at The Croft Inn, Suncroft Co Kildare, and Seoige O'Faolain & Company Ltd, with a registered address at Sir John Rogerson's Quay, Dublin.
The injunction restrains the defendants, their agents or any party acting in concert with them from encroaching or interfering with the property. The court also granted Mr Duke's lawyers permission to serve short notice of his application for further orders against the defendants.
These include orders compelling the owners to reconnect the water and electricity supply to the stables, and to reinstate paddock fences, stable doors and gates that have allegedly been removed.
He also granted the defendants liberty to apply to the court, on notice to Mr Duke, in the event they wish to vary or challenge the injunction.
In a sworn statement to the court, Mr Duke said in 2017 he had been in dispute with the former owner of the property following a demand for a rent increase.
That matter went before the Residential Tenancies Board, which hears and determines disputes between landlords and tenants.
The RTB refused to hear the matter as it did not have the jurisdiction to hear the dispute.
The former owner then sought an order from the Circuit Court to evict Mr Duke from the property.
The court did not make that order but said Mr Duke had to pay €42,000 in rent arrears to the former owner. Mr Duke says he paid those monies.
In 2019, financial fund Everyday Finance, which had acquired loans connected to the property, appointed receivers Mark Degnan and Ken Fennell over Fenway House, who are also defendants in Mr Duke's proceedings.
He claims no demand for rent was made by the receivers and says this was done to ensure a rent default.
The property was sold last April to Mr Keatley and Ms Kearney.
Since then, Mr Duke claims the owners, particularly Mr Keatley, have taken the law into their own hands.
Mr Duke claims the water and electricity to his stables have been disconnected, fences and gates in the paddocks have been removed, rubble and heaps of stones have been left blocking entrances and gateways.
He also claims a stable door in his yard was left open, which resulted in a valuable horse running loose and getting injured.
When considering the application, Mr Justice Sanfey remarked he was "intrigued" by separate letters purportedly sent on behalf of the owners.
The judge noted a letter on August 8 last from Mr Keatley's solicitor said the plaintiff owed €92,000 in rent arrears over a period of 46 months.
Mr Duke was issued with a 28-day warning notice to pay the owners the arrears, and that the RTB have been advised of the situation.
Three days later, the judge noted Mr Duke received a notice to vacate the property from Ms Kearney, by her agent Sean O'Faolain, stating the plaintiff had no lease from the owners and had no tenancy rights.
That notice, which also said rental arrears of €88,000 were owed, gave Mr Duke 14 days to leave the property.
The notice was also served on the gardaí, the judge noted.
The judge said one letter seemed to acknowledge that Mr Duke had some sort of lease agreement, while the other said he had no tenancy rights at all.
Mr Duke rejects all of those claims.
The judge, after granting the temporary injunction, adjourned the matter to a date next week.
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