By Mark Tottenham BL in Laffoy J No Comments Tags: Company law, Landlord and Tenant law, Mortgages
In Re Ravenshaw Ltd [2012] IEHC 37
(High Court, Laffoy J, 27 January 2012)
High Court determines that receiver of company was entitled to possession of hotel premises owned by subsidiary of company, and leased to company itself.
Receivership – directions from court – whether receiver entitled to enter onto hotel premises – s 60, Companies Act 1963 – whether company entitled to possession of hotel – lease of four years and nine months executed – hotel owned by company More
By Mark Tottenham BL in Fennelly J No Comments Tags: Constitutional law, Landlord and Tenant law
Shirley v. O’Gorman [2012] IESC 5
(Supreme Court, Fennelly J (nem diss), 2 February 2012)
Supreme Court dismisses appeal from High Court in constitutional challenge to ground rents legislation, holding that: a) the High Court imposed an incorrect standard of proof in relation to who constructed original buildings, and that landlord was not properly affected by section 10(2) of the Landlord and Tenant (Ground Rents)(no 2) Act 1978; b) accordingly, the landlord did not have standing to challenge the constitutionality of section 10(2); and c) it was a matter for the High Court to consider the effect of the Supreme Court judgment. (Full text.)
Landlord and tenant – ground rents legislation – constitutionality of legislation – appeal from High Court decision – lease of house and lands – construction of supermarket on lands – breach of covenant – loss of original identity of buildings – More
By Mark Tottenham BL in Hedigan J No Comments Tags: Estoppel, Landlord and Tenant law
Stone v. Red Valley Ltd [2011] IEHC 322 (29 July 2011)
High Court (Hedigan J) refuses application for possession of caravan park by landlord, where sub-leases had been granted with landlord’s consent. (Full text.)
Claim for possession of lands – lease of caravan park – sub-lease – failure to pay rent – failure to maintain bank guarantee – forfeiture – whether sub-lease came to an end on the forfeiture of the head lease – construction of clause of sub-lease – whether landlord estopped by deed from denying tenant the right to issue sub-leases.
Pennell v. Payne [1995] 2 All ER 952
Carr v. Phelan [1967] ILRM 149
I.C.S v. West Bromwich B.S.[1998] 1 W.L.R. 896
PW & Co v. Milton Gate Investments [2004] Ch 14
By Mark Tottenham BL in Denham J No Comments Tags: Constitutional law, Landlord and Tenant law
Canty v. Ireland [2011] IESC 27 (19 July 2011)
Supreme Court (Denham J, judgment of court) dismisses appeal from decision of High Court (McKechnie J) refusing leave to seek judicial review of the constitutionality of s 123(4) of the Residential Tenancies Act 2004. (Full text.)
Judicial review – application for leave – constitutionality of statute – s 123(4), Residential Tenancies Act 2004 – decision of High Court on appeal “final and conclusive” – appellate jurisdiction of Supreme Court – exceptions prescribed by law – specialist tribunals – fair procedures – findings of fact.
The Illegal Immigrants (Trafficking) Bill, 1999 [2000] 2 I.R. 360
By Mark Tottenham BL in Fennelly J, McKechnie J 1 Comment Tags: Case stated, Landlord and Tenant law, Residential tenancies
Canty v. PRTB [2011] IESC 28 (19 July 2011)
Supreme Court (Fennelly J, nem diss): i) dismisses appeal from refusal of High Court (McKechnie J) to grant judicial review of the issue of criminal summons by the Private Residential Tenancies Board; and ii) affirms the decision by the High Court that a landlord was entitled to enforce an interim order of the PRTB after a final determination had been made. (Full text.)
Judicial review and case stated – issue of summons for breach of direction of Private Residential Tenancies Board – failure of appellant to comply with determination order – dispute over electricity bills – failure of tenant to sign PRTB registration form – interim direction of PRTB – determination of Circuit Court – whether a private landlord was entitled to enforce an interim determination of the board after a final determination had been made – whether the board had the power to institute criminal proceedings prior to the exhaustion of the civil proceedings.
Dillon v Dunne’s Stores Ltd., [1966] IR 397
By Mark Tottenham BL in Clarke J (Frank) No Comments Tags: Landlord and Tenant law
Parol Ltd v. Friends First Pension Funds Ltd (No 1) [2010] IEHC 498 (Clarke J, 8 October 2010)
High Court determines that supermarket was not entitled to repudiate its lease, and was subject to a “keep open” clause, but was not obliged to operate under a particular name. (Full text.)
Landlord and tenant – units in shopping centre – supermarket operating subject to lease with “keep open” clause – obligation to use the name “Superquinn” – dissatisfaction expressed by supermarket in operation of shopping centre – whether supermarket entitled to repudiate lease.
Chartered Trust Plc v. Davies [1997] 2 EGLR 83
Moulton Buildings Limited v. Westminster [1975] 30 P&CR 182
British Leyland Exports Limited v. Britain Group Sales Limited [1981] I.R. 335
Irish Telephone Rentals v. ICS Building Society [1991] ILRM 880
Hong Kong Fir Shipping Company v. Kawasaki [1962] 2 Q.B. 26
Aldin v. Latimer Clark, Muirhead & Company [1894] 2 C.H. 437
By Mark Tottenham BL in Dunne J No Comments Tags: Landlord and Tenant law
Wintertide Ltd -v- C. I. E. [2010] IEHC 494 (Dunne J, 28 July 2010)
High Court allows appeal from determination of the Circuit Court, and holds that the applicant was not entitled to an assignment of the right to acquire a new tenancy following the expiration of the previous lease. (Full text.)
Landlord and tenant – claim for new tenancy – appeal from Circuit Court (Judge Matthews) – business equity – assignment of interest following expiration of lease – whether assignee entitled to claim new tenancy – right of occupation of premises following expiration of lease and prior to determination of claim for new tenancy – whether right of occupation assignable.
Dublin Corporation v. Smithwick and Others [1976/7] I.L.R.M. 280
Crofter Properties Ltd. v. Genport Ltd. [2007] I.E.H.C 80
Harrisrange Ltd. v. Duncan [2003] 4 I.R. 1
Rosney v. Humphries and Another [1952] 88 I.L.T.R. 44
Baumann v. Elgin Contractors [1973] I.R. 169
By Mark Tottenham BL in Hogan J 2 Comments Tags: Injunction, Landlord and Tenant law
Albion Properties Ltd -v- Moonblast Ltd [2011] IEHC 107 (Hogan J, 16 March 2011)
High Court grants mandatory interlocutory injunction for possession of premises in action commenced by way of summary summons for arrears of rent. (Full text.)
Mandatory interlocutory injunction – possession of premises – arrears of rent – notice to quit – failure to comply with order of court to discharge arrears – whether High Court had jurisdiction to grant an interlocutory injunction where action commenced by way of summary summons – whether exceptional circumstances such as would justify mandatory interlocutory injunction – balance of convenience – defendant no longer trading in premises – whether defendant able to pay damages – inevitability of success at trial of action.
Attorney General v. Lee [2000] IESC 80, [2000] 4 I.R. 68
ICC Bank plc v. Verling [1995] 1 I.L.R.M. 123
Campus Oil Ltd. v. Minister for Industry and Commerce (No.2) [1983] I.R. 88
The State (Vozza) v. O’Floinn [1957] I.R. 227
Meadows v. Minister for Justice, Equality and Law Reform [2010] IESC 3
S v. Minister for Justice, Equality and Law Reform[2011] IEHC 31
ICC v. Verling [1995] 1 I.L.R.M. 123
By Mark Tottenham BL in McMahon J No Comments Tags: Guarantees, Landlord and Tenant law
Murphy & Ors -v- Gowan Distributors [2011] IEHC 126 (McMahon J, 5 April 2011)
HIgh Court holds: i. that guarantors of liquidated company were personally liable for its arrears of rent to landlord company, and that landlord company was not guilty of bad faith or misrepresentation; ii. that landlord company was entitled to set-off against moneys owed to said guarantors in their capacity as head lessors; iii. that company was not entitled to set-off against outside investors who co-owned premises with head lessors. (Full text.)
Claim against company for arrears of rent – claim by company on personal guarantees – whether rents properly due – car dealership – whether dealership arrangement terminated – whether company acted in bad faith or made misrepresentations – whether limitation on liability of guarantors – whether company entitled to set-off against outside investors.
By Mark Tottenham BL in Clarke J (Frank) No Comments Tags: Assessment of damages, Landlord and Tenant law
Parol Ltd -v- Friends First Pension Funds (No 2) [2011] IEHC 119 (Clarke J, 25 March 2011)
High Court awards €560,000 to landlord in respect of losses arising from closure of supermarket in breach of covenant. (Full text.)
Landlord and tenant – closure of store in breach of covenant – reopening of store following court order – damages – particulars of loss – loss of new tenants – loss of rent to date – loss of rent into the future.
Greenband v. Bruton and Others (Unreported, High Court, Clarke J., 9th March, 2011)
Mount Kennett Investment Company and Anor. v. O’Meara and Ors (Unreported, High Court, Clarke J., 9th March, 2011)