Bolger v Daly

CourtSupreme Court (Irish Free State)
Judgment Date01 January 1925
Docket Number(1924. No. 3846.)
Date01 January 1925

Supreme Court

(1924. No. 3846.)
Bolger v. Daly
CHARLES P. DALY,Defendant (1)

Landlord and tenant - Whether dwelling-house one to which the Increase of Rent and Mortgage Interest (Restrictions) Act, 1920, applied - Determination of "Standard Rent" - Evidence - Onus of proof as to letting of dwelling-house - Claim for increased rent - No notice to quit or notice of increase of rent served - Increase of Rent and Mortgage Interest (Restrictions) Act, 1920 (10 & 11 Geo. 5, c. 17), sects. 1, 3, and12, sub-sects. 1, 2, and 9.

New Trial Motion.

Appeal by the defendant from an order made by Johnston J. at the trial of the action, giving judgment for the plaintiff for £75 and costs, and dismissing the defendant's counterclaim. The defendant asked that judgment might be entered for the plaintiff for £41 13s. 4d. only, and that judgment be entered for him on his counterclaim for £60, or, in the alternative, that a new trial of the action might be ordered.

The action was brought for the recovery of £75, being ten months' rent from June 1st, 1923, to March 1st, 1924, due by the defendant to the plaintiff in respect of the premises, 44 Chamber Street, Dublin, held under an agreement of tenancy, made verbally, between the plaintiff and the defendant in the month of December, 1921, whereby the plaintiff let and the defendant took the premises on a yearly tenancy at the rate of £7 10s. per month.

The defendant in his defence denied the agreement of December, 1921, and pleaded that he held the premises from the plaintiff under a written agreement of November 1st, 1918, whereby he became tenant to the plaintiff for a term of at least one year, at the yearly rent of £50, payable at the rate of £4 3s. 4d. per month. The defence also stated that in the month of December, 1921, the plaintiff verbally agreed with the defendant's wife, without the knowledge or consent of the defendant, to carry out certain structural alterations in part of the premises, in order to make it suitable as a butcher's shop, and that the defendant's wife agreed to pay the plaintiff's costs of the alterations at the rate of £3 6s. 8d. per month. The last of these instalments was paid on May 1st, 1923. The verbal agreement did not alter, nor did it profess to alter, the contract of tenancy of November 1st, 1918. The defendant tendered to the plaintiff £41 13s. 4d., ten months' rent from June 1st, 1923, to March 1st, 1924, before action brought, and in pursuance of an order of the Court of April 8th, 1924, he lodged £60 in Court. In the alternative, the defendant said that no notice to quit and no notice of increase of rent under the Increase of Rent and Mortgage Interest (Restrictions) Act, were served on him by the plaintiff, and that the increased rent demanded was irrecoverable under the said Act. By way of counterclaim, he said that he had paid to the plaintiff the sum of £60 in respect of increase of rent, which was made void by the Acts, and he counterclaimed for that amount.

In his reply, the plaintiff stated that in November, 1921, in pursuance of an agreement in that behalf made, and at the defendant's request, he reconstructed the house and premises...

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4 cases
  • Cleary v Stuart and Others
    • Ireland
    • Supreme Court
    • 3 February 1941
    ...(9) [1937] I. R. 324. (10) [1929] I. R. 7. (11) [1928] I. R. 351. (12) [1923] A. C. 16. (13) [1926] I. R. 411. (1) [1939] I. R. 74. (2) [1925] 2 I. R. 42. (3) 10 East (4) 3 B. & S. 826. (5) [1900] 2 Q. B. 653. (6) 85 L. T. 650. (1) [1904] 1 K. B. 713. (2) [1932] I. R. 339. (3) [1935] I. R. ......
  • Sisk v Cronin
    • Ireland
    • Supreme Court (Irish Free State)
    • 21 December 1930
    ...1 K. B, 685. (4) 45 T. L. R. 383. (5) Before Kennedy C.J., FitzGibbon and Murnaghan JJ. (6) [1926] I. R. 239. (1) 4 A. C. 182. (2) [1925] 2 I. R. 42. (3) [1926] I. R. (4) [1922] 1 K. B. 1, at p. 8. (5) [1924] 2 K. B. 736. (6) [1925] 2 K. B. 713, at p. 722. (7) 36 T. L. R. 771. (8) [1925] N.......
  • Maude and Others v Murphy and Others
    • Ireland
    • High Court (Irish Free State)
    • 20 April 1934
    ...(2) I. R. 6 C. L. 144, at p. 149. (1) [1911] A. C. 552. (1) Not reported. Decided by the Supreme Court on the 25th November, 1929. (2) [1925] 2 I. R. 42. (1) 7 M. & W. (2) 2 Ad. & E. at p. 967. (3) [1909] 1 I. R. 237, at p. 250. (1) Not reported. Decided by the Supreme Court on the 25th Nov......
  • Leigh v O'Byrne
    • Ireland
    • High Court (Irish Free State)
    • 1 January 1935
    ......Held, that the letting to the applicant should, in the absence of evidence to the contrary, be taken as the first letting of the premises. Bolger v. DalyIR [1925] 2 I. R. 42 applied. . ......

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