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A British couple who once owned and later rented one of Ireland’s finest Palladian mansions have not established any legal rights to occupy the property, the Court of Appeal ruled.
Lord George Magan (74) was not entitled to redress against the confiscation of the Castletown Cox house in Kilkenny under the landlord-tenant law, the Court of Appeal also concluded.
Lord Magan had claimed that Castletown was his secondary residence and his main home is in Cambridge Place, Kensington, London.
He claimed that a trust he originally created to manage the home and property had illegally entered the property and changed the locks in May 2018.
The Castletown Foundation trust, which he had established for the benefit of two of his children, Edward and Henrietta, was in dispute with him over rental arrears and his claim for a right to property. In 2019, the Superior Court dismissed their tenancy and possession claims.
In 2005, he sold the 36,000-square-foot mansion and 513 acres of farmland to the trust. According to the established structure, Lord Magan would have residence rights through which he had to pay 100,000 euros per year in rent.
However, since 2013, the trust said, it did not pay any rent and then requested a summary judgment in High Court for 571,000 euros in arrears.
He objected to that request, claiming that he had spent € 361,000 on maintenance since the trust stopped contributing to maintenance and that it should be compensated with rent.
The trust said that taking care of the property costs half a million a year. With just € 100,000 of rental income and fees from a license to use the house’s collection of world-class fine art, paintings and furniture, most of which are owned by a separate trust, it wasn’t enough to pay the bills. , He says.
This was due to rental arrears of € 571,000 and some € 1.8 million (£ 1.6 million) was also owed under the license for the use of works of art and furniture and another 2.1 € million (St £ 1.9 million) were owed on loans to him from trustees to cover personal expenses, the trust claimed.
Alongside this, some € 14.5 million in property loans were secured from a finance company, Sancus Jersey, it was further claimed.
The professional heads of the trust decided to sell Castletown Cox and an agreement was reached to sell it in 2018 for more than 19 million euros.
Lord Magan had agreed to a sale in 2016 but later resigned from that, the trust claimed.
Several procedures followed, including one in which the trust requested a judgment for the 571,000 euros in arrears and another on whether it was entitled to a new lease or had the right not to have to lose the property.
In 2018, the Superior Court handed down a judgment for the rent arrears. In 2019, you discovered that you did not have the right to seek a new tenancy, that your previous tenancy had been validly determined by law, and that you did not enjoy any rights against the confiscation of the property or the right to occupy or possess it.
He argued, among other things, that the information presented to the Superior Court by the Castletown Foundation was grossly misleading and laden with innuendo.
He argued that the Supreme Court made a mistake by not asking about a medical condition, as he was unable to travel to Ireland for that hearing. He also argued that he should have the right to have the case heard again.
The trust objected to the appeal.
On Monday, Judge Faherty, on behalf of the three-judge Court of Appeal, dismissed the appeal. She said the defendant had not shown that he had a good defense on the merits or that he had a defense with a reasonable prospect of success.
He was unable to find any basis for referring the matter to the Superior Court for judgment on any of the issues he raised.
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