Receiver goes to court over alleged obstruction of house repossession
A receiver has gone to court to prevent a man who allegedly owes €1.8m in relation to the purchase of six houses in Dundalk, Co Louth from obstructing the repossession of one of the properties.
The High Court today heard after bonafide tenants moved out of the house and it was taken over by the receiver, other people had moved in, in what was alleged in court was part of ‘a deliberate campaign of obstruction.’
Rossa Fanning SC for the receiver told the court the house at 13 Cluain Ard , Carrick Road, Dundalk, Co Louth had been vacated by the bonafide tenants in April and the receiver had taken possession and installed CCTV cameras. Counsel said the CCTV cameras had captured other people being moved into the house on May 2 last and being told not to let anyone past the front door.
The proceedings are against Desmond McCreesh , Knockbridge, Dundalk, Co Louth the owner of the Cluain Ard house and five other properties in Dundalk . Counsel told the court Mr McCreesh owes €1.8million in relation to the six properties which were purchased with mortgages several years ago. The current chargeholder on the mortgages is Beltany Finance DAC.
In an affidavit to the court receiver Anne O Dwyer said on March 11 this year letters seeking undertakings were sent to all occupants of the houses and Mr McCreesh to ensure the properties were vacated . She said proceedings were not taken for a period of time during the Covid 19 lockdown but matters had now become urgent.
CCTV footage of the house at Cluain Ard she said showed two unidentified men trespassing on the property and she said the locks were broken . She said during exchanges captured in the footage the occupants were told to refuse to allow anyone access to the property.
In the application for short service of the proceedings seeking an interlocutory injunction preventing Mr McCreesh and those in occupation of the house at Cluain Ard from obstructing the possession of the house Mr Fanning said the proceedings were also in relation to a derelict property in Dundalk but not against the tenants of four other properties owned by Mr McCreesh.
Counsel said his clients were extremely sensitive not to take high handed enforcement measures against bonafide tenants and innocent parties.
He said there was clear evidence that people had moved in to the Cluain Ard house long after the Covid 19 measures were put in place and he said it was not a bonafide tenancy..
Counsel said it was their case the occupants of the house had been ‘installed as part of a deliberate campaign of obstruction.”
Mr Justice David Keane granted permission for the service of the proceedings at short notice on Mr Mr McCreesh and the occupants of the Cluain Ard property . The application was made on an ex-parte basis (one side represented.) The judge said the service can be done personally to the occupants of the house or fixed to the front door or left outside the door if necessary.
The case will come back before the court next week.
