Court upholds possession order for Dublin property

Court upholds possession order for Dublin property

The High Court, presided over by Ms. Justice Marguerite Bolger, delivered a judgment on 22 January 2025, affirming the Circuit Court's order granting possession of a property in Dublin to the plaintiff. The property, known as 'Auburn' on Old Dublin Road, Stillorgan, was the principal private residence of the defendant.

The case revolved around a mortgage provided by the defendant and his late wife to Bank of Scotland (Ireland) Ltd in 2005. The mortgage, which later fell into arrears, was initially for a loan amount of €1,244,000. Following a cross-border merger in 2010, Bank of Scotland Plc acquired the interest in the loan. The plaintiff subsequently acquired the mortgage through a deed of conveyance and assignment in 2018.

The defendant contested the plaintiff's right to seek possession, arguing that the plaintiff was only the legal, not the beneficial owner of the mortgage. He emphasised the requirements under section 28(6) of the Supreme Court of Judicature Act (Ireland) 1877, asserting that proceedings should be initiated by Erimon, the beneficial owner.

Justice Bolger rejected the defendant's arguments, stating that the plaintiff, as the legal owner, had the right to enforce the mortgage and seek possession. The court found that the assignment was an absolute one, transferring both the mortgage and the underlying debt, contrary to the defendant's claims of a 'bare legal charge.'

The judgment referenced several precedents, including Kearney v. KBC Bank and Pepper Finance v. Jenkins, which supported the position that the legal title holder is entitled to enforce mortgage agreements. The court concluded that the plaintiff had satisfied all necessary proofs for an order of possession.

The defendant's request for the matter to be referred to a plenary hearing was also dismissed. The court noted that the issues raised were primarily legal and suitable for resolution within summary proceedings.

In conclusion, the court affirmed the Circuit Court's order, rejecting the appeal and confirming the plaintiff's entitlement to possession. The plaintiff was also deemed entitled to costs, subject to adjudication in the absence of an agreement.

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For more information on housing law, see BeCivil's guide to UK Housing Law.