Baumann v Elgin Contractors Ltd

• Jurisdiction: Ireland
• Judgment Date: 01 January 1974
• Date: 01 January 1974
• Docket Number: [D. 3110]
• Court: High Court

(H.C.)

Baumann

and

Elgin Contractors

Tenancy - Creation - Implication of law -Lessee overholding on expiration of term granted by lease - Whether statutory right to new tenancy barred - Landlord and Tenant Act, 1931 (No.55), s. 20.

The applicant had been in possession of a tenement under a lease for a term which ended on the 30th November, 1971. Before that date, he served on the lessor a notice of the applicant's intention to claim a new tenancy under the Landlord and Tenant Act, 1931. After the expiration of the term, the applicant continued in occupation of the tenement and paid rent to the lessor as if the term had not expired. Seventeen months after the expiration of the term, the applicant applied to the Circuit Court for an order declaring that he was entitled to a new tenancy under the Act of 1931. The application was refused and the applicant appealed to the High Court. Held, by Finlay J., in allowing the appeal. 1, that in the circumstances the creation of a tenancy could not be implied from the fact that the applicant continued in occupation and that the respondents received...