Woman who bought €6m Dublin penthouse sues over 'unbearable' heating system
A businesswoman who bought a penthouse apartment in Dublin for more than €6 million has claimed in the High Court she has had to endure "unbearable" temperatures of up to 33 degrees Celsius due to an alleged failure to maintain or repair the district heating system.
The Lansdowne Place apartment in the Ballsbridge area was marketed as being among "the most expensive in Ireland".
Advertisement
Aideen O'Byrne is seeking injunctions preventing the developer of the property from transferring its beneficial interest in the Lansdowne Place apartment buildings and common areas to an owners management company until problems are resolved.
She has brought the proceedings against the developer, Copper Bridge C 2015 ICAV, and O'Connor Sutton Cronin and Associates Ltd.
On Thursday, Mr Justice Brian Cregan granted her an interim order until next week preventing Copper Bridge transferring its interest pending determination of the proceedings. The application was made by Fiona Forde BL, on a one side only represented basis.
In an affidavit, Ms O'Byrne said that in 2017 she agreed to pay some €6.5 million off the plans for the penthouse with a construction period of two years. The price was ultimately reduced by €335,000 and she moved in in 2021 and lives there with her husband.
Advertisement
She said the developer maintained the apartments were of the highest standard and her property was publicised by agents as "thought to be the most expensive apartment sold in Ireland" at the time.
However, she said she did not receive full value for the price paid due to issues including the internal temperature frequently making occupation uncomfortable and "occasionally unbearable".
An expert report found that during last year's summer of moderate/below average temperatures there was a threshold internal temperature of the apartment of 33.4 degrees, which is well above acceptable temperatures, including those recommended by the World Health Organisation.
She said the owners management company was aware of the problem and a report was provided in 2021 showing lobby areas were consistently showing temperatures of 29 degrees.
Advertisement
The report recommended door-hold open devices, the opening of high level stair ventilators and the operating temperatures of the district heating system were also reduced.
Ms O'Byrne said the opening of the automatic vents on her roof garden was both a security risk, visual eyesore and noise nuisance. Certain other recommendations were made to deal with the problem including a shut down of the district heating system between midnight and 5am and insulation improvements to the pipework.
The management company said last February, through its solicitor, that a report had been sent to the developer with certain recommendations in relation to heating in the lobby areas and was "in hand". She has not been furnished with it, despite repeated requests, she said.
She had brought proceedings in 2022 against the defendants alleging breach of contract, negligence and breach of duty including by failing to repair/maintain the heating system and common areas. She now seeks that the management company be also joined as a defendant.
Advertisement
She said last April a note was circulated to all residents by the management company rejecting any liability for alleged defects.
It said it had been notified of the proposal to join it as a co-defendant but said "if the member persists, the owners management company will incur significant costs for the High Court representation including senior and junior counsel, engineers and architects etc".
Ireland
Donnybrook village apartment development quashed
Read More
Ms O'Byrne said this appeared to "comprise an effort to intimidate and isolate me from my fellow residents" and put pressure on her to abandon her requests for an indemnity from the developer in relation to issues with the apartment.
In April the developer confirmed the transfer of the legal interest in the common areas to the management company and therefore the only interest remaining was the beneficial interest, she said.
Advertisement
There was now an urgency to prevent the transfer of that remaining interest as the developer had not given an undertaking not to do so, she said. She said the developer is a special purpose investment vehicle (ICAV) which meant the owners would not have any recourse under company law against it.
She has no assurance the developer will exist or have the means to meet her claim once the transfer of the common areas is completed, she said. She also seeks that an indemnity be sought from the developer which she said the management company had said it will not seek.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Daily Mail
4 hours ago
- Daily Mail
The tax-friendly state in America where ultra-wealthy flock to
Wyoming is rapidly establishing itself as a top destination for ultra-wealthy individuals and businesses, drawn by its tax advantages and high-end real estate market. As one of nine US states with no state income tax , Wyoming offers significant financial incentives for affluent residents. Additionally, the state's Dynasty Trust laws allow families to transfer wealth across generations while avoiding estate, inheritance and state income taxes - further solidifying its status as a tax shelter. The state's appeal is amplified by its business-friendly environment and low property taxes, attracting both individuals and companies seeking to minimize their tax burdens. 'Wyoming is the most tax-friendly state,' Latham Jenkins, a real estate agent with Live Water Jackson Hole told . 'Retirement benefits are not taxed at the state level, and it's one of the most business-friendly states in the nation.' Wyoming's luxury real estate market is also thriving. Although the state's overall housing inventory is limited, its high-end listings stand out. Approximately three percent of active listings in Wyoming are priced over $5 million - ranking significantly higher than neighboring states such as Idaho at 1.3 percent and Montana at 1.9 percent. The Teton County area - home to Jackson Hole, a world-class skiing destination - dominates the high-priced market, with 57 of the 69 listings above $5 million, reported. Aside from its proximity to the top-rated Jackson Hole Mountain resort, the region's appeal to the ultra-wealthy is driven by its exclusivity, stunning landscapes, and celebrity presence, with A-listers like Harrison Ford, Sandra Bullock, and Kanye West reportedly owning property in the area. The median listing price in Teton County sits at $2.95 million, while the state's median is $495,000. The area's limited land availability, with 97 percent of Teton County federally protected, further drives up demand, making it an attractive option for wealthy buyers. Despite strong demand, luxury homes in Wyoming tend to stay on the market longer than in other states. Properties priced at $5 million or more have a median listing period of 187 days, compared to 81 days in Idaho and 114 days in Montana, according to the real estate outlet. The state's extended timeline reflects a market where sellers, often without mortgages, are less inclined to lower prices, leading to a more patient and strategic selling process. Margi Barrie, associate broker with Prugh Real Estate, notes that sellers are in no rush. 'People are more bullish in their prices, and more confident. A lot of people aren't leveraged on their property so that they can sell them, or not,' she explained to In Teton County, 33.1 percent of listings were priced above $5 million as of May, suggesting a growing influx of high-net-worth individuals. However, the lack of price reductions indicates that many sellers are not eager to exit the market quickly. The northwestern state's combination of tax advantages, business-friendly policies, and a high-demand luxury real estate market make it an increasingly attractive destination for the ultra-wealthy. Its limited land availability and unique legal structures further enhance its appeal, positioning Wyoming as a key player in the ultra-high-net-worth market.
Times
a day ago
- Times
Leprechaun economics? Ireland's pot of gold could vanish any time
T wo headlines from recent weeks offered conflicting pointers. On June 6, David Murphy, RTE's economics and public affairs editor, posted a report headlined: 'Latest GDP figures hint at return of Leprechaun Economics'. A day later, Michael Murphy wrote a piece for The Daily Telegraph headed 'No more leprechaun economics: Ireland's tax swindle is finally ending'. You pays your money, you takes your choice. In fairness, David Murphy's piece for RTE was tentative in its conclusion and built heavily on the remarkable news from the Central Statistics Office that the Irish economy had grown by a staggering 9.7 per cent in the first three months this year. This was an example of leprechaun economics at its best: showing the vulnerability of Irish economic data to American multinational decisions that have little to do with domestic developments.
Daily Mail
a day ago
- Daily Mail
EXCLUSIVE Michelle Mone's £250 million Dubai property project was never finished and is now just a desert shell
's £250 million Dubai property project – hailed as the first major development to be sold using Bitcoin – was never actually built, The Mail on Sunday can reveal. In 2017, former lingerie tycoon Ms Mone, 53 – dubbed Baroness Bra after being awarded a peerage – and husband Doug Barrowman, 60, unveiled proposals to erect two 40-floor skyscrapers as part of a luxury desert complex boasting high-end homes, a shopping centre and sports facilities. To much fanfare, they said the apartments could be bought using virtual currency rather than hard cash. Within months they claimed that buyers had already invested in 'a number of apartments' using the crypto tokens. Ms Mone even told an American news network that Bitcoin (BTC) was 'the currency of the future', adding: 'I'm a Baroness – so I wouldn't be getting involved in it if it was a kind of 'dodgy' industry.' Yet Dubai government records show that the couple's Aston Plaza and Residences, located in the Science Park district of the Middle Eastern city, were never actually built. A property inspection report carried out by the Dubai Real Estate Regulatory Agency and obtained by The Mail on Sunday confirms that the project started but was later 'cancelled' at just 32 per cent completion. Pictures taken by inspectors who visited the site in January 2018 show the concrete shell of one mega tower abandoned in the middle of the desert. The images are a far cry from the promotional mock-ups that were advertised on the project's website, which showed sleek, minimalist homes set across two glass tower blocks. The revelation comes after the UK Government told the High Court in London recently that a company linked to Ms Mone and Mr Barrowman should pay back more than £121 million for breaching a Covid contract for 25 million surgical gowns. And earlier this month we told how the couple from Glasgow were offloading some of their British property empire as they look to start a new life in Florida. The Aston Plaza and Residences promised to offer 'exceptional real estate for discerning professionals and young families living in the United Arab Emirates', adding that the 'company's ethos is delivered through its meticulous attention to detail when creating homes'. A press release put out by the Aston team said that the project was the 'first joint business venture between the two business icons' Ms Mone and her husband, who is chairman of the Knox group of companies. According to the development's website, 150 apartments were available to buy directly from the developers using Bitcoin, a digital currency that fluctuates in value depending on market sentiment. It continued: 'The highly-anticipated selection of 1,133 studio, one and two bedroom apartments, is due for completion in summer 2019. 'Apartments offer floor-to-ceiling windows with unobstructed views of the Dubai Hills and the iconic city skyline.' The website added: 'The development also boasts the Plaza – three floors dedicated to retail which will include boutiques, cafes, restaurants and a supermarket.' Studio apartments started at 33BTC, which is the equivalent of almost £3 million if linked to today's sterling markets. Speaking to The Mail on Sunday in December 2017, Ms Mone, who founded the Ultimo lingerie brand, said she had already sold 'a number of apartments' to buyers using the cryptocurrency. Aston Towers, known as Project 152 in property databases, is listed as 'permanently closed' on Google. Records show that although the project was transferred to a different Dubai-based company around 2019, work on the development continues to be 'cancelled'. The Mail on Sunday recently told how Ms Mone and Mr Barrowman had sold two townhouses in Glasgow to celebrity friends in the last 12 months, pocketing a profit of £2 million. The new owners are Nick Haddow, the photographer who shot one of Ms Mone's most risqué Ultimo push-up bra campaigns, and Paul McManus – the drummer in Scots rock band Gun and a high-profile Scottish Labour Party donor. Meanwhile, a quaint Chelsea mews house in London linked to a company of Ms Mone's son Declan has been sold for £2.185 million to a senior member of a Middle Eastern royal family. Last year the couple also sold their £19 million London townhouse as well as their £6.8 million Lady M yacht. Ms Mone's friends say she has told them that she is seeking to start afresh in Miami. The Scots business moguls are currently at the centre of an anti-corruption PPE fraud probe which saw £75 million of their assets frozen by the National Crime Agency. Investigators are focused on PPE Medpro, a company led by Mr Barrowman, which was placed in a VIP priority lane for government contracts worth £203 million of taxpayers' money following a recommendation by Ms Mone. This came after Ms Mone was made a peer by Prime Minister David Cameron in 2015. The Department of Health and Social Care (DHSC) is suing PPE Medpro over claims that surgical gowns supplied by the firm were not fit for use. On June 11, Paul Stanley, KC, for the DHSC, told the High Court: 'The Government is seeking to recover the costs of the contract, as well as the costs of transporting and storing the items, which amount to an additional £8,648,691.' The Dubai property project was sold on to a Dubai-based developer. Representatives for Ms Mone and Mr Barrowman said that no one lost any money and all deposits were held in escrow, in accordance with the law in Dubai.
