Clark, Tenant; Taylor, Landlord

• Jurisdiction: Ireland
• Judgment Date: 04 May 1898
• Date: 04 May 1898
• Court: Court of Appeal (Ireland)

Clark

Tenant

and

Taylor

Landlord (1).

Land Com.

Appeal.

CASES

DETERMINED BY

THE QUEEN'S BENCH DIVISION

OF

THE HIGH COURT OF JUSTICE IN IRELAND,

AND BY

THE IRISH LAND COMMISSION,

AND ON APPEAL THEREFROM IN

THE COURT OF APPEAL,

AND BY

THE COURT FOR CROWN CASES RESERVED.

1898.

Landlord and tenant — Notice by tenant of intention to sell tenancy — Offer by landlord of sum for purchase “without prejudice” — Non-acceptance by tenant — Disagreement — Application to Court to fix true value — Land Law (Ireland) Act, 1881 (44 45 Vict. c. 49), s. 1 (3) — Rules (January 2, 1897), 98, 99.

A tenant having served notice of his intention to sell his tenancy, the landlord on the sixth day following, wrote offering a sum for same, adding, “which I hope you will consider fair, and treat without prejudice.” No reply was made to that offer, and six days later the landlord served an originating notice to ascertain the true value of the tenancy:—

Held, by the Land Commission that the non-acceptance by the tenant of the landlord's offer constituted a disagreement within the meaning of section 1, sub-section 3 of the Land Law (Ireland) Act, 1881 (44 & 45 vict. c. 49), and that the landlord was entitled to have the true value of the tenancy ascertained under that sub-section.

The decision of the Land Commission affirmed by the court of Appeal.

Motion by the tenants, John Clark and Rev. Hugh Farrelly, that two originating notices to ascertain the true value of the tenancy, served by the landlord, Captain E. R. Taylor, and dated the 17th and 28th December, 1897, respectively, should be dismissed.

An affidavit of John Clark stated:—The applicants were executors and trustees of Jane E. Fulham, deceased, who had been tenant from year to year of a farm known as Trubly and Bective, and had by her will directed same to be sold. On the 26th October, 1897, the fair rent was fixed at £260 5s.: a notice by the tenants of their intention to sell the tenancy was on the 16th December, 1897, served on the landlord's agent, Colonel Henry Stewart Johnston: on the 17th December deponent received a notice of that date, and in Form No. 2 (Rules, January 2, 1897) of application to the Court to ascertain the true value of the tenancy, and on the 28th December a second notice to the same effect. No offer for purchase had been made to the deponent or his co-executor and trustee save a letter of the 22nd December written by the said agent “without prejudice,” which deponent was unable to use, and did not reply to or communicate to his co-tenant, nor had any disagreement arisen as to the terms of purchase entitling the landlord to elect to purchase under section 1 of the Act of 1881, or to apply to the Court to ascertain the true value. Before the time limited for the making of an offer had expired, and after the receipt of the notice of 28th December, deponent informed Colonel Johnston and his solicitor personally, and on another occasion before such expiration the assistant of such solicitor, that he could not accept as valid for the purposes of the Land Acts a letter written “without prejudice,” and would oppose their...