A former Army doctor has been ordered by the Circuit Civil Court to give up possession of the €1 million house he formerly rented as his Dublin home and general practitioner's clinic.
Judge Catherine Delahunt heard that while Dr William Power continued to retain possession of the low-rent property, he had not been using the house at Beach Road, Sandymount, since August last year either as a home or clinic. England-based solicitor and landlord, Ms Eunice Keane, told her counsel, Ms Caroline Kelly, that the late 1930s semi-detached house had been so neglected by Dr Power that he had "destroyed" it.
She said he had been renting the property since 1961 as his home at a rent of €5 a month until a rent tribunal had in 1983 fixed a new rent of €245 a month. Contrary to the terms of his lease, he had used the property as a GP's surgery and had failed to maintain it in good repair. "I was horrified when I recently discovered the condition of the house which has been lying vacant," Ms Keane told the court. "He has destroyed the house and if I don't get it back it will be totally wasted."
Ms Keane said that Dr Power had been living with his wife and family in a house on an acre of land at Stilebawn, Delgany, Co Wicklow, since the 1970s.
Architect Mr John Deaton told Ms Kelly it could take more than €100,000 to carry out all necessary structural, security and damp-proofing repairs.
Dr Power said that after retiring from the Army in 1972 he had taken up work in the health centre in Irishtown, Dublin, and had run a small GP's practice from his then home in Beach Road, Sandymount. After retiring from the health centre in 1996, he had moved his practice fully to Beach Road. He had never been aware he had leased the house as a residence only.
He told Ms Kelly he had bought his Delgany home in the early 19 70s and had lived there at weekends while using the Beach Road house as a surgery and home during the week.
Dr Power said he had removed all furnishings from Beach Road which was now lying vacant. He would be perfectly happy to give it back to the landlord.
Granting Ms Keane possession of the property with costs, Judge Delahunt said the house was for many years not used either wholly or partially as a bona fide dwelling and from Dr Power's evidence, it was clear he had no need for or intention of using Beach Road as a residence now or in the future. She said any question of a claim against Dr Power for damage allegedly caused by him was not a matter for her court to decide.