Properties allegedly let out to migrants sub-divided with no written leases

BreakingNews.ie

15-05-2025

A property letting agent has rented out rooms in 17 Dublin properties to between 50-80 migrants and foreign students involving dividing some of the sitting room/living spaces into bedrooms and without having written tenancy agreements, it has been claimed in the High Court.
Kevin O'Brien, otherwise Kevin Linehan O'Brien, of Mary's Villa, North Road, Drogheda, Co Louth, and his company Linehan O'Brien Investments Ltd, had entered into the arrangements without the knowledge of the property owners and their agent, it was also claimed.
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The houses and apartments, in areas including Portobello, East Wall, Capel Street and Ranelagh, had been leased through QTX Services Ltd to Mr O'Brien/Linehan or his company on behalf of the corporate owners of the properties, Blumay Ltd, Sunchulo Ltd, Maroon Zirconium Ltd and Harts Alexandra Ltd.
On Thursday, Mr Justice David Nolan granted the owners permission to serve papers on the defendants in proceedings seeking to prevent trespass by the defendants on the properties pending further order. The application was made by Brian Conroy SC, for the owners on a one side only (ex parte) represented basis.
The owners seek injunctions restraining the defendant from trespassing, representing themselves as being manager of the properties and from interfering with the owners' agent in taking back possession of the properties.
In an affidavit, Padraig Kehoe, a director of QTX Services, which was originally engaged by the owners as letting agent, said notices to quit served on the defendants are not directed at the occupants of the dwellings. He said it is intended to respect, regularise and safeguard the position of the occupants.
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Mr Kehoe said in 2021, Mr Linehan O'Brien offered to manage one of the properties and sub-let it. This was agreed with a then-employee of QTX and subsequently similar arrangements were made with him for the other 16 properties, he said.
These arrangements went undetected to senior QTX personnel until the employee who dealt with Mr Linehan O'Brien left QTX, Mr Kehoe said.
Last February, QTX undertook an inspection of all the properties to find a number of concerns including modifications to living spaces, overcrowding, poor maintenance and the occupants did not have written tenancy agreements, he said.
It appeared the business model of the defendants was to obtain leases of the properties and then, rather than sub-letting them as a whole unit, granting licences or sub-leases to individuals to occupy rooms , often on a shared basis, Mr Kehoe said.
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Mr Linehan O'Brien and his company derive income from the difference between the rent due on the relevant property and the total sums they receive from the individual room occupants, he said.
Notices to quit were served on the defendants. Mr Kehoe said the defendants made multiple complaints to the gardai, to the Property Services Regulatory Authority (PSRA) and purported to initiate Residential Tenancies Board (RTB) proceedings notwithstanding that the defendants do not themselves occupy the properties or have residential tenancies.
Mr Linehan O'Brien, in response to communications from QTX, has claimed what they were doing was illegal and insisted that the matter falls under the remit of the RTB. He has also claimed it was QTX agents who have trespassed and harassed them.
Those claims are denied by Mr Kehoe.
The matter comes back before the court next week.