Dublin City Councillor Paul Hand and his two brothers, Alan and Stephen, have been told by a judge to quit their home so that it can be sold.
The proceeds will be shared among them and with their father Denis.
Denis Hand, a catering supervisor, of Bloomfield Avenue, Portobello, Dublin, told the Circuit Civil Court his three sons had agreed at mediation to vacate the former family home at Millrose Estate, Bluebell, Dublin, by June 2nd last year but were still living in there.
The father stated in an affidavit to the court that following a settlement reached at mediation he had employed an estate agent to view the house at Millrose Estate with the intention of putting it on the market.
He said the back garden was full of “rubbish, detritus and debris” dumped in it by his sons.
“The house was a complete mess with laundry and clothes lying everywhere,” Mr Hand senior said. He said there was a leak emanating from the bathroom and it seemed to have been leaking for some time.
The father told Judge Jacqueline Linnane in the affidavit that he had recently got married and was now living in a bed-sit with his new wife.
He said it was a damp room and as his wife had a chest condition it was totally unsuitable for her.
Denis Hand said he was unable to afford new accommodation as he was maintaining mortgage repayments on the Millrose Estate house as agreed at mediation. He said there was no excuse for his sons’ continued occupation of the premises as they had agreed to vacate the house.
The court heard that one of the defendants was an independent politician and two were engaged in further education. One of them, who had employment, had applied for a loan to buy out their father’s interest in the home.
Judge Linnane said the house remained in the name of Denis Hand and she granted him an order for possession against his sons, directing that the brothers vacate the house by May 25th.