Rogue landlord Marc Godart apologises to judge for failing to disclose prosecution

Rogue landlord Marc Godart has apologised to the High Court for failing to disclose details of all criminal prosecutions brought against his companies.

The apology came after a judge last month ordered the Luxembourg national, who has substantial property interests in Ireland, to explain why he failed to comply with court directions to fully disclose his directorships and criminal proceedings against his firms.

Mr Justice Brian Cregan made the order in proceedings where one of Mr Godart’s companies, Green Label Short Lets Limited, is being pursued by former tenant Lizet Pena-Herrera for €15,433 she was awarded by the Residential Tenancies Board in 2022 for an “egregious unlawful eviction”.

Ms Pena-Herrera, a psychologist from Bolivia, was turfed out of accommodation in Cork Street, Dublin after raising concerns about overcrowding.

Mr Godart’s company failed to pay the award, one of several made to former tenants over unlawful evictions.

Mr Justice Cregan made the order a fortnight ago after it emerged affidavits previously filed by Mr Godart (35) failed to list four of his company directorships and what the judge described as “serious convictions in relation to fire safety”.

The judge said Mr Godart had “one final last opportunity” and that if no explanation was forthcoming he would have no hesitation in hauling him before the court to be examined.

In an affidavit, Mr Godart said: “I apologise now to the court for my omission and provide now details of this matter in full.”

The affidavit stated Green Label Property Investments Limited pleaded guilty in Dublin District Court on March 26 to failing to comply with a fire safety notice and that the matter was struck out on condition it make a charitable donation and pay the costs of Dublin City Council.

Mr Godart claimed he “understood” that what the judge had initially ordered was the disclosure of details of two prosecutions under section 151 of the Planning and Development Acts.

These related to unauthorised Airbnb lettings and resulted in two of Mr Godart’s companies being fined €7,500 and having to pay legal costs.

In the affidavit, Mr Godart also listed four companies, his directorship of which he had not previously disclosed to the court.

He claimed his understanding had been that the initial disclosure direction related to companies “in the property business” and that he had not wanted to “overburden the court” by disclosing his directorship of other entities, three owner management companies and one inactive dormant company.

Rather than pay Ms Pena-Herrera’s award, Mr Godart’s firm has hired a high-powered legal team to fight the case, even though he claims the company had no earnings for 2023 and had effectively ceased operation.

In the affidavit, he denied there were an inconsistency between his claim it had no income in 2023 and the fact it had been found to have engaged in unlawful short term lettings without planning permission.

He said that after a planning enforcement manager visited the properties in June 2023 all short term lettings effectively ceased. He also claimed the company “did not have any responsibility towards the guests or the collection of payment”.

Mr Godart’s affidavit did not say how rent was collected.

Ms Pena-Herrera, in an affidavit, said she paid her rent every month in cash to another tenant who acted as an agent for Mr Godart or one of his companies. She said no receipts were ever given to her.

At a brief hearing today, Mr Justice Cregan said he had read the filings and one issue that concerned him was that if Green Label Short Lets Limited was a landlord and gave Ms Pena-Herrera notice, it therefore followed it owned the property.

“But when one looks at the balance sheet of the company, you don’t see any asset,” he said.

He said that if the company maintained it was merely “acting as an agent”, then a question arose as to “who for?”

He gave the company liberty to file a further affidavit addressing this issue before adjourning the matter.

At an earlier hearing, the court heard that while Ms Pena-Herrera was at work, and without warning, her possessions were packed up by an employee of the company. Some items were broken. Others were not recovered. Her deposit was withheld.

The court is considering an application from her to have Mr Godart and his parents René (71) and Denise (64) cross-examined over the affairs of the company as part of her efforts to execute a District Court judgment she obtained on foot of the RTB award.

The application is being resisted by Mr Godart, who claims the company cannot afford to pay.

Lawyers for his company have argued that a creditor cannot seek reliefs sought by Ms Pena-Herrera under the Companies Acts and that the High Court does not have jurisdiction to hear the application.

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