Courts / Dublin / Report

Wife of boom-time developer fails in appeal against order to vacate D4 home

Date
2024-11-28

Stage
Appeal

Primary locality
Dublin

County
Dublin

Summary

The High Court dismissed Maureen Kelly's appeal against the Residential Tenancies Board's order that she vacate her Dublin 4 home and pay €60,000 in rent arrears. The RTB had ruled that the landlord, Miracove Holdings Ltd, had validly terminated Kelly's tenancy in June 2021, with an end date of January 2022, and that the landlord intended to sell the property within nine months of termination. Kelly had argued that the RTB erred in finding sufficient evidence of a bona fide intention to sell, citing a lis pendens and the lack of direct knowledge from Miracove directors at the time of the notice. Mr Justice Conleth Bradley upheld the RTB's decision, stating that the evidence satisfied the statutory criteria for termination and that Miracove had decided not to market the property until it was secured and vacant possession had been established. The order requires Kelly to vacate within 42 days of the determination.