Menolly Homes has been told by a judge it must rent a house in Drynam Hall estate, Dublin, from radio presenter Dave Moore and his wife, Tracy Sheridan, at €1,700 a month.
The house is one of a large number of houses that started cracking up in several estates in north Co Dublin, including Drynam Hall, allegedly as a result of a mineral known as pyrite in the infill.
Judge Jacqueline Linnane said Mr Moore, who co-hosts 98 FM's Morning Crew show, had bought 9 Drynam Walk from Menolly Homes in 2005. In March 2007, cracks developed in the floors and foundations.
In July 2007, Mr Moore had paid a booking deposit on a house in Wendell Avenue, Portmarnock, and put 9 Drynam Walk up for sale. However, due to publicity regarding the problems in the Drynam Hall estate, very little interest was shown in their house so they withdrew it from the market.
In mid-August last year, Mr Moore met Menolly's Albert O'Loughlin and, following talks about renting the house at €1,700 a month, Mr O'Loughlin confirmed in a letter of September 6th last an agreement to rent the property for a year.
When Mr Moore told Mr O'Loughlin they were vacating the house from November 2nd last, Menolly Homes had refused to proceed with the letting.
Judge Linnane told Paul Gardiner, SC, for Mr Moore and Ms Sheridan, that the main reason for this was that Menolly had become aware the plaintiffs had informed solicitors Arthur Cox about their problems.
Menolly Homes was insisting as part of the rental agreement that Mr Moore and Ms Sheridan sign a repair works agreement containing a clause waiving any right they might have to compensation.
Judge Linnane said Menolly Homes claimed it had been induced to agree the letting terms by a representation made by Mr Moore that had given the impression he would waive his rights to make any claim for compensation.
She said the September 6th letter, which confirmed the rental agreement, had not contained any condition of signing up to a waiver of their rights to compensation and she had no hesitation in finding for Mr Moore and Ms Sheridan.
Judge Linnane granted Colm P Condon SC, for Menolly Homes, a stay pending appeal on condition that the sum of €1,700 a month was paid from November 2nd last year.