Ex-tenant Wins High Court Landlord Case

After a longstanding battle, Lizet Peña-Herrera, a Bolivian psychologist who has resided in Ireland since 2008, at last got the compensation that was granted to her by the Residential Tenancies Board (RTB) in 2022, following her wrongful eviction. The sum was from her former notorious landlord, Marc Godart.

In pursuit of the unpaid RTB award, Ms Peña-Herrera successfully acquired a District Court order for its payment. With no forthcoming payment still, she escalated to the Upper Court. The case was made against Green Label Short Lets, a firm owned by Godart, which the RTB had instructed to pay €15,433 to her due to her unjust eviction from a property at Vintage Court, Cork Street, Dublin 8.

When the matter reached the Upper Court, Mr Godart, who is the sole proprietor of Green Label Short Lets, held that the company had halted operations and lacked funds to fulfill the award. Subsequently, a legal team, including a senior counsel, was assembled to dispute Ms Peña-Herrera’s case. After some deliberation, Justice Brian Cregan conceded to a proposition that Godart, who dwells in Luxembourg, be ordered to appear in court to shed light on Green Label’s failure to pay the award.

On Wednesday, Ms Peña-Herrera received a bank cheque amounting to €17,421 to cover the RTB award, her District Court case expenses, and interest. Further hearings scheduled for next month will decide the party responsible for the High Court lawsuit costs, which necessitated 13 appearances before Justice Cregan, along with the involvement of upper-level counsel on both parts. A decision is yet to be made on whether Godart will bear the financial burden of these hearings himself.

Expressing relief and pride post the payment, Ms Peña-Herrera urged Godart to simplify his life by respecting the law and desisting from his current actions. Extending gratitude towards her legal team, and the personnel at RTB and Dublin City Council for their guidance and support, she also informed that her eviction was a result of her lament to the Council about the next to capacity occupancy of the house. Legal assistance provided to her was from Eoghan McMahon of McGrath Mullan and legal practitioners John Kennedy SC and Liam Bell BL.

“Mr. Godart, alongside his business entities, have been involved in several unanswered compensation payouts to previous tenants, one of which included a staggering €54,000 for five people who leased spaces from Green Label at a location in Fairview, Dublin. These ex-tenants are presently pursuing a District Court mandate to ensure payment of their RTB awards.

In 2014, descendin during Ireland’s property market downturn, the entrepreneur from Luxembourg made investment moves in Irish real estate. He is presently engaged in short-term rental operations as well as other property-related ventures.”

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