Joseph Simpson consents to Dublin flats evacuation order

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

High Court President Mr Justice Nicholas Kearns granted Dublin City Council an evacuation order concerning flats at 3 Kellys Row, Dublin 1, on 15 May 2015 because of serious fire safety concerns. Joseph Simpson consented to the order. He represented himself and his co-owner, Frank Chatham, at the hearing.

Dublin Fire Brigade officer Thomas Daly said a fire safety notice issued on 4 March 2015. No appeal was lodged and it took effect on 20 March. Both owners were served on 27 March. The notice prohibited residential or sleeping use until specified measures were taken to the fire authority’s satisfaction. The ground-floor retail outlet at 20 Dorset Street was outside the council’s application.

Mr Daly said Mr Simpson had written on 1 May that tenants were being moved out. He also said Mr Simpson alleged that renovations in 2007 had covered 95% of the notice’s items and outstanding issues were being rectified. However, Mr Daly’s inspection on 11 May found four occupied flats and no evidence of fire safety measures. He described the sole access and escape staircase as unsafe. Damaged partition walls would allow fire to spread faster, he said. The electricity was disconnected at the fire brigade’s request.

Mr Simpson denied failing to engage with the council, saying there had been telephone contact before his May letter. He said the property had been vandalised and work could not proceed until tenants left. He accepted it had become much more hazardous but rejected claims that nothing had been done.

He said tenants had not paid rent since he received the March notice and were already seriously in arrears. He said Mr Chatham had offered each tenant €600 to leave, but they had refused. Mr Simpson also denied that anyone had been refused the return of a deposit.

Tenants told RTÉ they feared homelessness and would not leave. The residents included a pregnant woman with four children under six. The judge questioned the consequences for residents and their housing needs. Mr Simpson said he had received notice of an offer of alternative accommodation from Dublin City Council.