A court order is being sought to restrain a man from allegedly using his rented Dublin city centre apartment as an Airbnb.
The order is sought against Geoffrey Curran, a solicitor, who has since 2020 lived in an apartment at Blind Quay apartments, Exchange Street Lower in Dublin 8.
It is claimed that for a period believed to be more than a year he has operated an Airbnb from the property in breach of lease and without planning permission.
When the matter came before Judge John O’Connor at Dublin Circuit Civil Court on Tuesday morning, there was no appearance by, or on behalf of, Mr Curran.
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Barrister David Geoghegan, instructed by Robert Coonan Solicitors, appeared for plaintiffs Robert Ranson, David Ranson and John Paul Ranson. They are company directors with addresses in Clontarf, Dublin, who have taken the proceedings as personal representatives of the estate of the late Robert Ranson snr.
Counsel said it was “surprising” and “unusual” Mr Curran was not in court or represented.
Counsel said he got court permission on October 7th to serve Mr Curran with short notice of the application via email and post and that was done later last week.
Before this, there was email correspondence about other matters between the plaintiffs’ solicitor, Mr Coonan, and Mr Curran, with the latter responding “almost immediately” to Mr Coonan’s emails, counsel said.
However, there was “radio silence” from Mr Curran since Mr Coonan emailed him on October 9th with the statement of claim concerning the injunction application, counsel said. A further email was sent to him on Monday, the eve of the court hearing, he said.
His side has a certificate of postage of the legal papers, Mr Geoghegan added. Mr Curran appeared to have put his head “in the sand”.
Judge O’Connor rose to see if Mr Coonan could contact Mr Curran by phone. When the matter resumed, Mr Geoghegan said Mr Coonan did get in touch with Mr Curran but it was “not a productive call”. When asked whether he could attend court later on Tuesday, Mr Curran had said no, that he works in an international law firm in Dublin, counsel said.
Mr Geoghegan said it is “clear” Mr Curran has the injunction papers.
Mr Curran, he said, had made a “ludicrous” suggestion that Mr Coonan hold up his phone in court so Mr Curran could explain his position to the judge.
Judge O’Connor said a solicitor is an officer of the court who understands the rules of court. Having deemed the application was served, he adjourned the matter to Friday morning.
It is not a question of what suits Mr Curran, there are other matters in the court’s list, the judge said.
The plaintiffs claim that, under an April 1998 lease with Temple Bar Properties Ltd, the deceased Mr Ranson snr was leased the apartment at Blind Quay for 500 years. Under a residential sublease, they claim the apartment was sublet in 2020 to Mr Curran and another man, who has since left the apartment.
Mr Curran, it is claimed, is only permitted to use the property as a private dwelling for three people and is not permitted operate a business from there or to take in lodgers or short-stay guests.
In their application, the plaintiffs want various orders, including restraining use of the property as an Airbnb, plus an account of profits from that alleged use.
They also say that, last July, a Residential Tenancies Board adjudicator determined that a notice of termination served by the landlord on Mr Curran last January was valid for reasons separate to those subject of the injunction proceedings. Mr Curran has appealed the determination and remains in the apartment – which has a monthly rent of €3,350 – pending the hearing of that appeal.
