Baumann v Elgin Contractors Ltd

JurisdictionIreland
Judgment Date01 January 1974
Date01 January 1974
Docket Number[D. 3110]
CourtHigh 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...

To continue reading

Request your trial
4 cases
  • Harrisrange Ltd v Duncan
    • Ireland
    • High Court
    • 25 Enero 2002
    ...S5 LANDLORD & TENANT (AMDT) ACT 1980 S27 KEECH V SANDFORD SEL CAS CH 61 LANDLORD & TENANT (AMDT) ACT 1980 S21 BAUMANN V ELGIN CONTRACTORS 1973 IR 169 LANDLORD & TENANT ACT 1931 S38 LANDLORD & TENANT (REVISIONARY LEASES) ACT 1958 S23 LANDLORD & TENANT (AMDT) ACT 1980 S40 LANDLORD & TENANT (......
  • Twil Ltd v Kearney
    • Ireland
    • Supreme Court
    • 28 Junio 2001
    ...& TENANT (AMDT) ACT 1980 S20(2)(a) LANDLORD & TENANT (AMDT) ACT 1980 S28 MEALIFFE V WALSH 1987 ILRM 301 BAUMANN V ELGIN CONTRACTORS 1973 IR 169 DUBLIN CORPORATION V ASHLEY 1986 IR 781 Synopsis: Property Land; statutory interpretation; right to new tenancy deriving from business user; cas......
  • Gatien Motor Company Ltd v Continental Oil Company of Ireland Ltd
    • Ireland
    • Supreme Court
    • 6 Abril 1979
    ...under a Caretaker's Agreement. In relation to implied tenancies, I would adopt what Finlay P. said in Baumann v. Elgin Contractors, 1973 I.R. 169 at p. 177, where he stated: "As I understand the legal principles applicable, the true origin of an implied tenancy is that the law implies from......
  • Edward Lee & Company [1974] Ltd v N1 Property Developments Ltd
    • Ireland
    • High Court
    • 12 Marzo 2013
    ...Megan [1897] 2 IR 477; Phoenix Picture Palace Ltd v Capitol and Allied Theatres Ltd [1951] Ir Jur Rep 55; Baumann v Elgin Contractors Ltd [1973] IR 169 and Dean and Chapter of the Cathedral and Metropolitan Church of Christ Canterbury v Whitbread plc [1995] 1 EGLR 82 followed - Decree in fa......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT