A top radio presenter, who has been left with a second home he cannot afford, told a judge yesterday that Dublin's largest housebuilder, Menolly Homes, reneged on a deal to rent it at €1,700 a month.
Dave Moore, who co-hosts 98FM's 'Morning Crew' programme, bought the house at Drynam Hall Estate, Kinsealy, Co Dublin.
It started cracking because of a rogue reacting mineral in the infill material beneath its concrete floors, the Circuit Civil Court heard.
Paul Gardiner, for Mr Moore and his wife Tracy Sheridan, told Judge Jacqueline Linnane the couple were left with the house at Drynam Walk 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 defects allegedly caused by excessively high pyrite concentrations in the infill.
Colm P Condon, for Menolly Homes Ltd, told the court his client had agreed to rent the house and, after remedial work, use it as a halfway accommodation house for other homeowners whose properties in Drynam Hall had also suffered cracks.
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.
Menolly Homes' contended that Mr Moore had himself breached the rental agreement by claiming he had never agreed not to claim compensation.
Menolly, run by Seamus Ross, is claiming damages of more than €18m against Irish Asphalt and the Lagan Group following the alleged discovery of pyrite in the infill material supplied.
Mr Moore said he and his wife were not in a position to meet the two mortgages on both the houses they now own.
They are seeking an order directing Menolly Homes to honour the rental agreement which was alleged to run from October 2007 until November 2008. Their claim will continue in the Circuit Court today.