The High Court granted summary judgment of €236,748.85 to six companies in receivership over unpaid rent from a retail unit at Belgard Square West, Tallaght.
Mr Justice Eagar delivered the judgment on 20 October 2017. The application concerned a 25-year lease of Unit 3A, made in December 2005. The landlords sought rent arrears and contractual interest. Although the application initially claimed €156,172.58, the court’s final order was for €236,748.85, following further affidavits about the arrears.
The defendant, Patrick (otherwise Pat) McDonagh, opposed summary judgment. He argued that the landlords had fundamentally breached the lease by failing to provide adequate security and management of the common areas. He said antisocial and criminal behaviour near the unit had harmed the business, and that he was entitled to set off damages against rent due from January to April 2014. He also maintained that he had terminated the lease when he and the business vacated the premises in April 2014.
In affidavits, Mr McDonagh and a former manager described alleged assaults and threats against staff, vandalism and drug activity near the premises. The landlords’ receiver, Shane McCarthy, disputed that the lease required the landlords to provide static or mobile security. He also argued that much of the complained-of activity took place on a public footpath outside the development, which he said was under South Dublin County Council’s charge. The defendant accepted that the footpath was outside the landlords’ property, while maintaining that security measures on site could have improved conditions.
The court considered whether the affidavits disclosed an arguable defence, applying the established summary judgment test: leave to defend should be granted if there is a fair or reasonable probability of a real defence, and refused only where it is clear there is no defence. It found that the lease required proper management of the common areas but did not include the street or the conduct of people there. The court was satisfied that the landlords had no obligation under the lease to provide security to the tenant.
The court concluded that no defence had been established and ordered summary judgment for €236,748.85. The judgment does not record a separate order on the application for continuing interest or further rent instalments.