The High Court has dismissed an appeal by the landlords of former Mulberry Garden restaurant premises in Donnybrook over an attempt to retake the property without a court order.
Verbenagrove Ltd had occupied the premises under a lease which expired in July 2020. Before expiry, the company notified landlords Simon Evans and Maureen Griffin that it intended to claim a new tenancy. It then remained in occupation under a statutory protection which applies while such an application is being determined.
The tenant stopped paying rent in February 2023 amid a dispute over VAT invoices. In August that year, the landlords served a notice demanding €25,215 and later attended the property with a locksmith. Locks on the restaurant building were removed with an angle grinder and replaced. Verbenagrove re-entered the premises the following week.
Mr Justice Garrett Simons held that the landlords could not rely on the re-entry clause in the expired lease to remove a tenant occupying under statute. During that interim period, a landlord must obtain a court order, and termination will generally require exceptional circumstances involving a risk of serious injustice.
The judge also found that the landlords had deliberately used a technically valid method of serving the notice which gave it the least chance of being seen in time. He concluded that their objective was to contrive a forfeiture rather than simply secure payment of the rent arrears.
The arrears were placed in a solicitor’s escrow account shortly after the attempted re-entry. Payment followed once VAT invoices were eventually issued in February 2024.
Separately, the Circuit Court later fixed the terms of Verbenagrove’s new tenancy. The landlords did not appeal that part of the case, making the order final.
The High Court therefore dismissed their appeal. Costs were left for further submissions.