Marc Godart’s firm, Green Label Short Lets, has consented to source funds to settle a payment of €15,433 to their wrongfully expelled tenant, Lizet Peña-Herrera, as commanded by the Residential Tenancies Board (RTB). Although the company currently lacks the required funds, it commits to sourcing the amount with the intention of resolving the situation.
Green Label faced legal action from Ms Peña-Herrera, a Bolivian psychologist residing in Ireland since 2008, in an attempt to exact two RTB awards she won in 2022 for a termination notice and a severe unlawful eviction. The expulsion occurred after she voiced her concerns over supposed overcrowding that posed health and safety risks at her Dublin 8, Vintage Court, Cork Street residence.
Despite winning the RTB awards, Green Label neglected to disburse the owed amount. Consequently, Ms Peña-Herrera obtained a District Court mandate for debt and cost repayment, thereby instigating High Court procedures.
Mr Godart, 35, being the sole executive of Green Label, confirmed on record that the company possesses no assets and had effectively ceased operations.
In recent news, Green Label’s pledge to source and pay the complete amount owing to Ms Peña-Herrera was referred to as an unexpected yet appreciated development by Justice Brian Cregan. Furthermore, he stated that her legal representatives aspire to make Mr Godart personally answerable for their legal expenses given her complete success in obtaining her sought amount. As such, the Justice plans to engage the Luxembourg national as a co-defendant in the case to assure unbiased proceedings.
Gary McCarthy SC, representing Green Label, criticised the judge’s method, asserting that he was prepared to consider the matter of legal expenses on the day in question, despite the plaintiff not seeking to include Mr Godart in the proceedings.
The judge responded by declaring his disbelief that the decision to involve Mr Godart could be unexpected, stating that this development should have been transparent.
Mr McCarthy, under the advisement of Shields Solicitors, clarified that while he is acting on behalf of the company, he is evidently taking direction from Mr Godart. He would need to ascertain whether Mr Godart wishes to have the same legal representation for his personal case.
Earlier, the judge had taken the initiative to instruct Mr Godart to testify on matters concerning Green Label’s financial status and other related issues. The judge, Mr Justice Cregan, indicated his dissatisfaction over Mr Godart’s incomplete disclosure of facts in the sworn statement, necessitating further questioning, including about identifying the actual landlord in this issue.
However, there are now doubts over this course of action, following the agreement to honour Ms Peña-Herrera’s claim. He pointed out that Green Label might now contest that the court no longer needs to question Mr Godart.
Mr Kennedy, the legal counsel for Ms Peña-Herrera, noted that affidavits from Mr Godart present “discrepancies”. In contrast, Mr McCarthy, representing Green Label, declared the court’s role at that point would be subject to “rigorous scrutiny”.
The issue has been postponed until later in the month.