A promotional company has received a court order from the Supreme Court forcing its landlords to return to its rental property in south Dublin.
Raw Marketing alleges that the landlords have unlawfully retaken their offices on Dartmouth Road in Ranelagh, where it has been a commercial tenant for more than a decade.
The company’s counsel, John O’Regan, said no notice of termination has been given to his client, who has paid the rent during his tenure. He said the property’s access codes and locks were recently changed and the alleged seizure of the property took place last Wednesday.
The case went to court ex parte, so only the plaintiff’s company was represented.
Mr O’Regan said the respondents, landlords Walter and Carol Newburn, of Frankfurt Park, Dundrum, Dublin 14, relied on a “schedule of forfeiture”, also claiming to be a forfeiture, which was given to his client on March 10 Worried .
This is a “fatally flawed” document, he said, because it relies mainly on the “yield covenant” that requires the property to be returned in good condition when the tenant leaves. His client was reportedly given 14 days to remedy alleged breaches of the covenant, which is “not a reasonable time” for repairing substantial works that require the commitment of experts, he added.
An earlier schedule of forfeiture was given to his client in November, but there was no evidence of forfeiture at the time, he said.
The landlords allegedly reoccupied the property because the plaintiff had not met the 14-day recovery period, the court heard.
It is alleged that Raw’s first lease began in 2011 with a nearly five-year lease. Afterwards, the tenant and landlord have verbally agreed a lease, whereby the annual rent rises to € 15,000. Negotiations were underway for a new lease but were unsuccessful, Mr O’Regan added.
The company has five full-time employees and about 50 part-time employees who must come to the property to pick up uniforms and equipment for contracted jobs. It is not a business that can be run remotely, and its operations will be harmed if requested orders are not fulfilled, he said.
The case came before Ms. Justice Emily Egan on Tuesday. The judge issued an ex parte order requiring the landlords to return Raw possession of the property and provide it with all necessary keys and alarm codes.
She noted that the plaintiff’s company has said it would not be able to trade without the property and there is a risk that it could lose valuable contracts if the interim orders were not granted.
It’s “essential,” she said, that a reputation-based company like this can keep its customers.
She also authorized Raw to serve the defendants for her preliminary injunction at short notice.
Her orders will remain in effect until the case goes to court next Tuesday.