A District Court judge has told Marc Godart to produce a statement of means before an upcoming hearing relating to the enforcement of a Residential Tenancies Board (RTB) order requiring the Luxembourg-based landlord to pay damages to two former tenants.
Dublin District Court heard on Tuesday that a court order was made last February directing Mr Godart to comply with an RTB ruling that he pay damages to Diana Jere and Andre Buchanan over their “unlawful eviction” from a rented property on Emmet Street, Dublin 1. Mr Godart was allegedly the landlord of the property.
Darragh Haugh, for Mr Godart, argued there had been a mistake in the District Court order and said he was “seeking time” to make an application to “set aside” the order.
He said the order was mistaken in naming Mr Godart as the respondent given the “simple reality” was that his client “was not a landlord” of the property in question, but rather a director of Green Label Short Lets, which operated the premises.
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Liam Bell, for Ms Jere and Mr Buchanan, said on December 6th, 2021, in upholding its earlier decision to award damages to the tenants, an RTB tribunal said it was “satisfied” that Mr Godart was the landlord of the premises in question.
Quoting from the RTB determination, Mr Bell said the tribunal did not accept Mr Godart’s “general credibility”. The tribunal board also noted that Mr Godart had not provided a lease agreement to the tenants, counsel added.
The RTB said Mr Godart “cannot benefit from his own failure to provide a lease and from his failure to inform the tenants of the exact identity of the landlord,” Mr Bell said. He argued that Mr Godart was at that stage raising the issue of the identity of the landlord at the Emmet Street property being in question, but the RTB still ruled against him.
Mr Bell said his clients paid their rent to Mr Godart, but this was disputed by Mr Haugh. When Judge Marie Quirke asked if Mr Godart had many properties, Mr Haugh said his client had “a number” of them.
The judge said the previous District Court order still stands and is legally binding. She put the matter back for hearing on July 2nd, when the court will rule on how to enforce the order. She said Mr Godart was required to produce a statement of means in advance of the hearing which must be shared with the complainants’ legal team. She directed that any applications – including any to set aside the order – should be made in advance of the hearing date.
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