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...

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4 cases
  • Harrisrange Ltd v Duncan
    • Ireland
    • High Court
    • 25 January 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 June 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 April 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 March 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......

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