Wednesday 21 August 2019

Man faces jail if he doesn't leave home


Stock photo
Stock photo

Simone Smith

A judge has warned a man who continues to live in his repossessed home that he may face prison if he does not vacate the property in the next seven days.

Judge Jacqueline Linnane heard yesterday in the Circuit Civil Court that Martin Tucker's home at Danesfort, Castle Avenue, Clontarf, Dublin 3, had been repossessed by Havbell Dac in August 2018 after Mr Tucker failed to make repayments on his mortgage.

Barrister Gary Hayes, counsel for Havbell, told the court that Mr Tucker and his ex-partner had received a loan of €260,000 from Irish Life and Permanent plc in June 2003. Mr Hayes said that in November 2017 Mr Tucker had been in breach of his monthly repayments with arrears reaching €75,700.

The property had been taken into the possession of the Dublin Sheriff on March 21, 2019. Counsel said that on May 16, 2019, Mr Tucker re-entered the property accompanied by his pregnant partner without notifying Havbell or its solicitors.

Counsel also said Mr Tucker had broken into the property as he had no other way of accessing it as the locks had been changed. The court heard Mr Tucker had changed the locks after moving back into the home.

Judge Linnane told Mr Tucker of the serious consequences he would face if he did not agree to leave the property in the next seven days. She said he must also agree to hand over the keys to Havbell and remove the security system.

She said he had been in contempt of court and an application could be made to have him committed to prison if he did not agree to vacate and deliver up possession to Havbell.

Irish Independent

Editor's Choice

Also in Irish News