A High Court judge has expressed significant concern about a pattern of alleged unlawful conduct by a company at the direction of controversial landlord Marc Godart, who is to be summoned before the court.
Mr Justice Brian Cregan said Green Label Short Lets Ltd has unlawfully terminated a woman’s tenancy, unlawfully evicted her, unlawfully removed her personal belongings from the rental property, ignored two Residential Tenancies Board (RTB) directions to pay her compensation, breached planning and fire safety regulations and refused to company with a District Court order.
“This is an appalling litany of unlawful conduct,” he said, adding that it is clear Mr Godart (35) “believes he can defy the laws of this country, including orders of the courts”.
The judge was satisfied it was appropriate for the court, of its own motion, to compel the Luxembourg national to give evidence to the court under oath about the financial circumstances of Green Label.
The judge’s ruling came in an application by the woman who was unlawfully evicted by Green Label from a property at Vintage Court, Cork Street, Dublin 8.
Lizet Pena-Herrera wants to enforce RTB awards of more than €15,000 she secured against the company for a termination notice and an “egregious unlawful eviction”.
She was evicted in 2022 after raising health and safety concerns arising from alleged overcrowding in the premises.
The RTB awards were not paid, so she got a District Court order for payment of the debt plus costs.
Mr Godart (35), a Luxembourg national with substantial property interests in Ireland, has told the High Court in an affidavit that Green Label has no assets and has effectively ceased operations.
Ms Pena-Herrera, a psychologist originally from Bolivia who has been living in Ireland since 2008, asked the High Court to order Mr Godart – Green Label’s sole director – to come to court to give evidence about the financial affairs of the company, with a view to identifying resources that can satisfy the RTB awards.
Mr Godart’s legal team argued the High Court did not have jurisdiction to hear the case.
Accounts
Mr Justice Cregan was satisfied the court could, of its own motion, direct Mr Godart to give evidence. He said he would also direct him to produce all relevant accounting records of the company.
The judge said he was not satisfied Mr Godart has set out the full truth of matters in affidavit, so it is necessary to question him further. In particular, Mr Justice Cregan was concerned about whom the correct landlord was in this case.
Ms Pena-Herrara entered a tenancy agreement with the company, which she thought was the landlord. However, Mr Godart has said this was only a letting agent that did not own any assets.
The judge said that Mr Godart “solemnly and sincerely declared” in the notice to quit served on Ms Pena-Herrera that Green Label owned the property and that he intended to agree to sell the building nine months after termination of the lease.
In an affidavit to the High Court, Mr Godart said Green Label was the landlord, the judge said. However, there is “no evidence that the company was the owner or that it sold the property or that any proceeds of sale were reflected in the company’s accounts”, the judge added.
Previously, Mr Godart’s senior counsel, Gary McCarthy, submitted that the property is owned by a woman living in Enniscorthy, Co Wexford.
After delivery of the judgment, Mr McCarthy, with Darragh Haugh BL, instructed by Shields Solicitors, said he needs an opportunity to consider the judgment. He does not yet have instructions from his client (who was not in court) but he may need to seek a pause on the ruling’s effects if his client elects to appeal the decision.
Senior counsel John Kennedy, with Liam Bell BL, instructed by McGrath Mullan Solicitors, for Ms Pena-Herrera, said any application for a stay would be contested.
The matter returns to court on Thursday.
