The High Court dismissed a claim by Paul Coyle against William and Liz Coughlan over parking restrictions at the Maynooth premises occupied by the Sugar Sisters business. On the landlords’ counterclaim, it ordered Paul and Meta Coyle to give up Units 1 and 2 at Acol House and pay €15,166 in mesne rates, as well as costs.
Mr Justice Allen delivered judgment on 11 July 2019. The dispute concerned a three-year letting agreement made in December 2017. It allowed the tenants to use two undesignated car parking spaces from 9am to 6.30pm on normal working days, and reserved priority after 6.30pm for Bridge Club players. The landlords could also impose parking regulations.
The judge found that the landlords had initially tolerated late and weekend parking, but that this did not give the tenants a right to continue parking beyond the agreement. In June 2018, Sugar Sisters began promoting all-day parking for customers attending Tuesday cake-decorating classes. The court found that the resulting congestion inconvenienced other tenants and their customers. It held that the landlords were entitled to enforce the agreed limits, paint parking lines and provide a marked space for a Bridge Club member with mobility difficulties.
The court rejected the Coyles’ allegations that the landlords’ conduct breached the covenant for quiet enjoyment. It found that the landlords’ interventions about irregular parking were proper. In relation to an incident on 8 September 2018, the judge found that Paul Coyle pushed William Coughlan out of the shop. He said the pending criminal prosecution meant he had to be circumspect, and did not determine that prosecution.
Paul Coyle had applied to the High Court for injunctions against the landlords in September 2018. The landlords later served a notice alleging breaches including unpaid rates, inadequate insurance and nuisance or obstruction caused by parking. They formally re-entered and forfeited the lease through their counterclaim in December. The tenants accepted that the forfeiture was effective and did not seek relief from it. They had returned the keys about a week before trial.
The court dismissed the action and ordered Paul Coyle to pay the landlords’ costs, including reserved costs and discovery costs. On the counterclaim, it ordered possession of the two units against both defendants to the counterclaim and awarded €15,166 for mesne rates, together with costs.