A Dublin tenant has been granted permission by the High Court to bring proceedings concerning house rules at the apartment block where he rents.
Mr Justice Max Barrett granted Joseph Kennedy leave to apply for an order under section 24 of the Multi-Unit Developments Act 2011. The judgment, delivered on 22 July 2019, records that Kennedy is a tenant and is not a member of the Sweepstakes Owners Management Company CLG (SOMC); his landlord is a member.
Kennedy’s concern was that SOMC was seeking to implement house rules which, he claimed, breached the law in various respects. The judgment describes section 23 of the Act as allowing owners’ management companies to make house rules, subject to requirements including fair and equitable balancing of occupiers’ and unit owners’ rights and obligations.
Section 25 lists those who may apply for or appear at an application under section 24. Tenants are not listed, but the court may give permission to another person it considers fit. Justice Barrett said a tenant’s request would be difficult to refuse where the grievance had a rational basis and some form of relief might be available from the proposed defendant.
The judge found that Kennedy easily met that low threshold. He said there was no reason to refuse permission and good reason to grant it.
The order grants Kennedy permission to pursue the application. The judgment does not determine whether the proposed house rules were unlawful or grant any substantive remedy concerning them.