A well-known racehorse trainer has claimed before the High Court that his yard has been damaged, the water and electricity at his stables cut off, one of his horses let loose and injured following a row with the landlords over disputed rent arrears.
Trainer Brendan Duke claims that he has been told to vacate Fenway House, Pollardstown, The Curragh, Co Kildare, where he and his young family reside and where he trains horses, by Peter Keatley and Teresa Kearney, the joint owners of the property.
He claims the recent interference with the property is an attempt to remove him and his family from Fenway House “through intimidation.”
He also claims that the defendants, who acquired the property in April, appear to have engaged the services of a debt collection company called Seoige O’Faolain.
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He claims that in recent days a number of men dressed in “similar uniforms” served him a notice purporting to terminate his tenancy, and “gave me 14 days to leave” the property.
Intimidation
He claims that he is not able to tolerate these disruptions and intimidation.
While the new owners have claimed that he owes approximately €90,000 in rental arrears and has no right to be on the property, Mr Duke says that he has a valid tenancy in respect of the property where he has lived and worked for many years.
Mr Duke also says that he has no problems paying rent to the owners due since April.
On Wednesday, Mr Justice Mark Sanfey granted mr Duke a temporary, ex-parte, injunction against Mr Keatley and Ms Kearney, with an address at The Croft Inn, Suncroft Co Kildare, and Seoige O’Faolain & Company Ltd with a registered address at Sir John Rogerson’s Quay Dublin.
The injunction restrains the defendants, their agents or any party acting in concert with them from encroaching or interfering with the property.
The judge also granted Mr Duke’s lawyers permission to serve short notice of his application for further orders against the defendants. These include orders compelling the owners to reconnect the water and electricity supply to the stables and to reinstate paddock fences, stable doors and gates that have allegedly been removed.
He also granted the defendants liberty to apply to the court, on notice to Mr Duke, in the event they wish to vary or challenge the injunction.
Sworn statement
In a sworn statement to the court Mr Duke said that in 2017 he had been in dispute with the former owner of the property following a demand for a rent increase. That matter went before the Residential Tenancies Board, which hears and determines disputes between landlords and tenants.
The RTB refused to hear the matter as it did not have the jurisdiction.
The former owner then sought an order from the Circuit Court to evict Mr Duke. The court did not make that order but said Mr Duke had to pay €42,000 in rent arrears to the former owner. Mr Duke says he paid those monies.
In 2019 financial fund Everyday Finance, which had acquired loans connected to the property, appointed receivers Mark Degnan and Ken Fennell over Fenway House, who are also defendants in Mr Duke’s proceedings.
He claims that no demand for rent was made by the receivers and says this was done to ensure a rent default.
The property was sold last April to Mr Keatley and Ms Kearney.
Since then, Mr Duke claims that the owners, particularly Mr Keatley has taken the law into his own hands.
Mr Duke claims the water and electricity to his stables have been disconnected, fences and gates in the paddocks have been removed, rubble and heaps of stones has been left blocking entrances and gateways.
He also claims that a stable door in his yard was left open, which resulted in a valuable horse running loose and getting injured.
The judge adjourned the matter to a date next week.