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Court Hears Eviction Bid Against Former Clare TD Over Arrears

| By Legal News Team | Updated
Court Hears Eviction Bid Against Former Clare TD Over Arrears

A landlord seeking the formal eviction of former independent Clare TD Violet-Anne Wynne and her family over alleged rent arrears exceeding €18,000 has had her application adjourned at Ennis District Court to allow the respondents time to secure legal representation.

The proceedings, brought by property owner Patricia Warshell of Parliament Street, Ennistymon, concern a rented residential property situated on Main Street, Clarecastle, County Clare. The premises serves as the family home for Ms Wynne, co-respondent John Montaine, and Ms Wynne's six children. The Residential Tenancies Board (RTB) is named as a notice party in the proceedings, which have been instituted under statutory tenancy enforcement mechanisms following an earlier tribunal determination.

High Arrears and Statutory Enforcement

Appearing before Judge Adrian Harris, solicitor John Halpin, acting for Ms Warshell, outlined the extensive nature of the reliefs sought. The landlord is applying for a formal money judgment in the sum of €18,000, representing alleged unpaid rent accrued up to 31 January 2026, alongside any further arrears accumulating up to the conclusion of the court hearing. In addition to financial recovery, the applicant is seeking an order for possession and a direction under Section 124 of the Residential Tenancies Act requiring Ms Wynne, Mr Montaine, and all other occupants to immediately vacate the property.

Under Irish tenancy law, Section 124 applications serve as the principal judicial vehicle through which binding RTB Determination Orders are enforced when parties fail to adhere to administrative dispute resolutions. The District Court heard that the landlord’s action is grounded on a Determination Order issued by the RTB against both respondents on 11 February 2026. Emphasising what he described as substantial urgency, Mr Halpin urged the court to grant the eviction orders without further delay, though he noted that his client was willing to consent to a one-month stay on execution to facilitate an orderly transition.

Application for Legal Representation and Adjournment

Addressing the court in person, Ms Wynne sought an adjournment, explaining that she required an opportunity to instruct a solicitor to examine the relevant legal documentation. She informed Judge Harris that she is a single mother and indicated that she had successfully secured alternative accommodation for herself and her children only days prior to the hearing. Mr Montaine similarly requested additional time to retain professional legal representation before the court proceeded to adjudicate on the landlord’s application.

In considering case management, Judge Harris initially proposed transferring the matter to Kilrush District Court to achieve an earlier hearing date. However, Ms Wynne declined this transfer, pointing to logistical difficulties and family childcare commitments in the Ennis area. Acceding to the respondents' procedural requests, Judge Harris adjourned the possession and debt proceedings to 25 November at Ennis District Court, stipulating that both respondents should secure formal legal representation ahead of that date.

Workplace Relations Commission Debt Monitored

In a separate civil matter listed before the same court sitting, Ms Wynne appeared in connection with an outstanding debt owed to her former parliamentary employee, Fiona Smyth. The liability arises from an earlier Workplace Relations Commission (WRC) award amounting to €11,500 made in favour of Ms Smyth under Irish employment legislation.

Solicitor Daragh Hassett, representing Ms Smyth, informed the court that while installment payments were being received, the clearance of the liability remained a protracted affair. Ms Wynne confirmed to the court that she maintains weekly repayments of €50 and stated that these contributions will persist until the entire liability is discharged. The court heard that as of April, the outstanding balance stood at approximately €4,700, with Mr Hassett observing that at the current rate of repayment, the debt would not be fully liquidated until 2028.

Judge Harris acknowledged the continued payments and formally adjourned the civil enforcement matter to next year to permit continued monitoring by the Court Service. Ms Wynne, who was elected to Dáil Éireann in 2020 before resigning from Sinn Féin to serve as an independent, lost her parliamentary seat in the November 2024 General Election.

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