Man told to leave repossessed home or face prison

Court hears Martin Tucker re-entered property in Clontarf after it had been repossessed

Martin Tucker: had been in breach of his monthly repayments with arrears reaching €75,700. Photograph: Collins Courts

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 on Thursday 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 City Sheriff on March 21st, 2019.

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Counsel said that on May 16th, 2019, Mr Tucker re-entered the property accompanied by his pregnant partner without notifying Havbell.

Mr Hayes said Mr Tucker had broken into the property as he had no other way of accessing it as the locks had been changed.

Judge Linnane told Mr Tucker 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 the property .The judge said there should be a peaceful handing over of the keys in one week’s time.