Legal representation for a company controlled by the disputed landlord Marc Godart has stated that the company’s financial records can be accessed by a previous tenant as a component of her claim of unpaid compensation following her questionable eviction. A resident of Dublin, Lizet Peña-Herrera, is seeking a judicial directive for Mr Godart, and also his parents, René and Denise Godart, to stand before the court to explain the fiscal condition of Green Label Short Lets Ltd., a company that did not fulfil a compensation order. The order, handed down by the Residential Tenancies Board (RTB), was in excess of €15,000. When the financial award was not delivered, Ms Peña-Herrera secured a District Court order demanding the debt to be paid. At that point, the company declared it had no assets and was effectively out of business.
As the only director of Green Label Short Lets, Godart retained top-tier solicitors to present his company and dispute the High Court application. The case has made appearances before Judge Brian Cregan at least four times. Ms Peña-Herrera’s counsel, John Kennedy SC, joined by Liam Bell BL, is also pushing for a court order that requires Godart and his parents to testify regarding the debt’s non-payment. The legal proceedings have been served to Godart’s parents.
Gary McCarthy SC, representing Green Label and directed by Vincent Shields of Shields Solicitors, Co Tipperary, argued that issues regarding the non-payment of a District Court order are to be attended by that court. Despite this, he then agreed that the former tenant, Ms Peña-Herrera, could review the records of the company.
Judge Cregan voiced his serious concerns about the perceived failure of Mr Godart to abide by the court’s instruction to list all Irish property businesses he is linked to, and to submit information relating to criminal cases faced by Green Label Short Lets in the District Court. An oversight of four businesses in Mr Godart’s subsequent affidavit was evident, and although he acknowledged a violation of planning regulations concerning short-term rentals, he neglected to disclose a prosecution regarding fire safety violations.
In response to the appeal made by Mr Kennedy, Judge Cregan also directed Mr Godart to clarify a noticeable discrepancy in his affidavit to the court regarding the operational status of Green Label Short Lets in 2023.
Additionally, legal representative, Eoghan McMahon from McGrath Mullan, on behalf of Ms Peña-Herrera, communicated that Mr Godart’s affidavit stated that Green Label Short Lets produced no income in 2023. However, it also conceded to the District Court that it engaged in unlawful short-stay rentals involving two properties without the necessary planning authorization.
Judge Cregan then determined that Mr Godart would be given one final chance to provide a revised affidavit that rectifies the inconsistencies in his previous affidavit and perceived disobedience of court orders. If not, Judge Cregan would compel Mr Godart to appear in court to address these issues without hesitance. The case has been adjourned until May 3rd.