The High Court has been informed that a company, run by the contentious landlord Marc Godart, illicitly evicted a woman from a property they didn’t possess, located in Dublin 8. Green Label Short Lets Ltd’s legal representatives stated that the property, located at Vintage Court, Cork Street, is actually owned by a female resident from Enniscorthy, Co Wexford, who possesses no connection to Mr Godart.
Justice Brian Cregan noted the revelation prompts a plethora of queries. He enquired how Green Label can be defined as a landlord if they don’t own any property. Despite offering the company twice the chance to elucidate the matter via affidavit, the explanation was not satisfactory.
In 2022, Lizet Peña-Herrera, the previous occupant who was wrongfully evicted, was granted €15,433 by the Residential Tenancies Board (RTB) against Green Label. The company failed to pay the award, leading her to secure a District Court order for payment of the debt and additional expenses.
Marc Godart (35), originating from Luxembourg with substantial property assets in Ireland, admitted to the High Court via an affidavit that Green Label no longer operates and holds no assets.
Bolivian psychologist Ms Peña-Herrera, having already applied to the High Court to summon Mr Godart – the singular director of Green Label – to disclose the company’s financial conditions in hopes of locating resources for compensating the unpaid RTB award.
However, the legal team for the company refutes the High Court’s jurisdiction to hear Ms Peña-Herrera’s appeal. On Friday, John Kennedy SC, who is advocating for Ms Peña-Herrera, stated that Mr Godart cannot exploit companies for personal gains without facing consequences. He drew attention to the contradictions in Green Label’s testimony, as it seems the company denies being a landlord in the District Court while implying the opposite in the High Court.
Mr Kennedy, in collaboration with Liam Bell BL and under instruction from McGrath Mullen solicitors, affirmed that it’s not possible for the firm to have dual identities and that it would be fitting to summon Mr Godart to court to respond to the allegations.
The representative of Green Label, leading counsel Gary McCarthy, urged the court to focus strictly on the legality of the case – whether it was correctly initiated and if the High Court has the power to consider it. He advanced the argument that the lawsuit should be dismissed on the grounds of jurisdiction. McCarthy, aided by Darragh Haugh BL and directed by Shields Solicitors, mentioned that Green Label had allowed Ms Peña-Herrera access to their records and books.
His words were in response to a statement suggesting that the firm was likely spending significantly more than the over €15,000 it owed to his client on its legal defence. Moreover, he emphasised that the court should not only focus on the disputes between the two parties.
Further information revealed that Ms Peña-Herrera, a resident of Ireland since 2008, rented a room at 8 Vintage Court for €470 per month starting from December 2020. In her official declaration to the District Court, Ms Peña-Herrera stated that in March 2022, due to what she perceived as numerous health and safety concerns, primarily overcrowding, she requested an inspection of the property from the Dublin City Council.
Following an inspection in April of that year, Green Label supplied her with a notice to abandon her living quarters one week later. However, Ms Peña-Herrera successfully appealed to the RTB prior to their favouring her, she was told that her possessions had been moved from her room to a storage facility. A new complaint was raised leading the RTB to ruling that a second sum of €14,443 should be paid to her.
Justice Cregan intimated his decision on the case would be disclosed on the following Monday.