A radio presenter who has been left with a second home he cannot afford, has told a judge that Dublin's largest housebuilder, Menolly Homes, reneged on a deal to rent it at €1,700 a month.
Dave Moore, who co-hosts 98 FM's Morning Crew programme, bought the house at Drynam Hall Estate, Kinsealy, Co Dublin, only to find it started cracking up because of a rogue reacting mineral in the infill material beneath its concrete floors, the Circuit Civil Court heard yesterday.
Paul Gardiner SC, counsel for Mr Moore and his wife Tracy Sheridan, told Judge Jacqueline Linnane the couple had been left with the house at Drynam Walk on their hands when Menolly Homes pulled out of the rental deal.
Mr Gardiner said the couple had bought a second house at Wendall Avenue, Portmarnock, on the strength of the rental deal with Menolly Homes, after discovering there had been defects allegedly caused by excessively high pyrite concentrations in the infill.
Colm Condon SC, for Menolly Homes, told the court his client had agreed to rent No 9 and, after remedial work, to use it as a halfway accommodation house for other home-owners whose properties in Drynam Hall had also suffered cracks damage.
He said the 12-month rental deal had been reached on the basis that No 9 would be remediated once Mr Moore and Ms Sheridan had moved to their new Portmarnock property.
Part of the rental deal was that Mr Moore would not seek compensation in relation to the defects in No 9.
Mr Condon said the agreement held advantages for both parties - Menolly Homes could use No 9 as accommodation for other property owners while Mr Moore and Ms Sheridan could use the rent to pay the mortgage on No 9.
Menolly Homes contended that Mr Moore had breached the rental agreement by claiming he had never agreed not to claim compensation.
Menolly, run by Séamus Ross, is claiming damages of more than €18 million against Irish Asphalt and the Lagan Group.
This followed the alleged discovery of pyrite in the infill material supplied from its Bay Lane quarry near Kilshane in north Dublin and used under concrete floors in Drynam Hall, Kinsealy; another development at Beaupark, Clongriffin, and a third development at Myrtle, Baldoyle, all in north Co Dublin.
The company has served a statement of claim in the High Court arising out of damage to new homes which it alleges stems from the supply of infill material with excessively high pyrite concentrations.
To date 178 houses and apartments and two creches have been surveyed and results indicate that 162 units and the creches require remedial work. Menolly has undertaken to carry out remedial work on all the buildings affected.
Mr Moore told the Circuit Court yesterday that he and his wife were not in a position to meet the two ongoing mortgages on both the houses they now owned.
They are seeking an order from Judge Linnane directing Menolly Homes to honour the rental agreement which was alleged to run from October 2007 until November 2008. Their claim will continue to be heard in the Circuit Court today.
All other claims relating to damage allegedly caused by excessive high pyrite concentrations in the infill are to be heard later in the High Court.