Guesthouse landlord ordered to bring barricade to end
on 08/01/2013 00:00:00
Mr Killoran claims the terms of a lease agreement he entered into with the guesthouse's operator, Derek Byrne, have been breached.
Mr Byrne denies the claim. He has operated the 19-room guesthouse, which caters for 38 guests and employs about nine people, for three years.
In an affidavit, Mr Byrne said Mr Killoran has taken his action in a bid to prevent receivers, appointed last month by AIB bank over Mr Killoran's interest in the premises, from collecting rent due under the terms of the lease agreement.
Mr Byrne has gone to the High Court because Mr Killoran's actions are "hugely embarrassing, and damaging to the reputation of the premises", and the guesthouse "cannot function" while Mr Killoran remains.
He says Mr Killoran's actions are illegal, and that Mr Killoran has refused his request to leave the premises.
Yesterday, Mr Justice Colm MacEochaidh granted Mr Byrne a temporary injunction ordering Mr Killoran to vacate the premises and restrained him from occupying it any further.
The order, which was granted on an ex parte basis, was made returnable to a date later this month.
Mr Byrne, of Ratharney, Cushahinny, Abbeyshrule, Co Longford, said he leased the premises from Mr Killoran in 2010.
The lease was for three years and rent was set at €126,000 a year. Rent was paid on a monthly basis, and payments are up to date.
Last month, AIB appointed a receiver over Mr Killoran's interests in the premises. Mr Byrne was told that, as a result, rent would have to be paid to the receiver.
Mr Byrne said that, on Dec 15, Mr Killoran gave him a letter purporting to terminate the lease. It was also alleged in the letter that Mr Byrne had failed to fulfil the conditions of the 2010 lease agreement. Mr Byrne said no alleged breaches had been made clear to him.
Mr Byrne said his staff and guests have been locked out after Mr Killoran entered the premises on Jan 2.