A High Court dispute involving 17 Dublin properties allegedly overcrowded with migrants and foreign students has been settled out of court.
The case concerned accusations that property agent Kevin O’Brien, also known as Kevin Linehan O’Brien, had sublet the properties without the owners’ knowledge and housed between 50-80 people in allegedly overcrowded conditions.
Brian Conroy SC, representing the property owners, informed Mr Justice Brian Cregan on Friday that the matter had been resolved and requested an adjournment until July for implementation of the settlement terms.
Discovery of Unauthorized Subletting
The dispute came to light after a QTX Services employee, who had previously dealt with Mr Linehan O’Brien, left her position. QTX Services, which managed the properties on behalf of the owners, subsequently conducted a survey that revealed the unauthorized arrangements.
The property owners – Blumay Ltd, Sunchulo Ltd, Maroon Zirconium Ltd and Harts Alexandra Ltd – alleged that Mr Linehan O’Brien and his company Linehan O’Brien Investments Ltd had sublet their properties to migrants and foreign students without permission.
Court documents alleged that living spaces in some properties had been converted into additional bedrooms to accommodate more tenants, and that occupants were not provided with written tenancy agreements.
Properties Across Dublin
The affected properties are located across Dublin, including addresses on Grantham Place in Portobello, Harrington Street, Old Naas Road, Capel Street, East Wall, and Mount Pleasant Avenue Lower in Ranelagh.
The property owners had sought court injunctions to prevent the defendants from trespassing, representing themselves as property managers, and interfering with efforts to regain possession of the buildings. They stated their intention to “regularise the situations of the occupants.”
Legal Dispute Over Jurisdiction
Mr Linehan O’Brien had contested the owners’ claims, arguing that their actions were illegal and that the matter should fall under the jurisdiction of the Residential Tenancies Board. The property owners disputed this, arguing that he was not in personal possession of the properties.
When the case initially appeared in court, only the owners’ legal team was present as they sought permission to serve legal papers on the defendants. By Tuesday, legal representation for the defendants appeared and stated that the “vast majority of issues are controverted,” with their client claiming tenancy rights and possession of the properties.
Judge’s Concerns
Mr Justice Cregan expressed concern about the case “for obvious reasons” and indicated he would make interim orders if necessary, particularly regarding worries about the defendants approaching property occupants.
The settlement reached on Friday means the specific terms of the dispute resolution remain confidential, though the case will return to court in late July to ensure the agreement’s implementation.
The case highlights ongoing issues around property management, tenancy rights, and housing conditions in Dublin’s rental market, particularly concerning accommodation for migrants and international students.