Cleary v Stuart and Others

• Jurisdiction: Ireland
• Court: Supreme Court
• Judgment Date: 03 February 1941
• Date: 03 February 1941

(S.C.),

Cleary

and

Stuart and Others

"Application in the prescribed manner" to determine standard rent -Determination under par. (b) of sub-s. 1 of s. 2 of the Increase of Rent and Mortgage Interest (Restrictions) Act, 1923 - Whether such determination retrospective - Standard rent "pending such application" - Lease of dwellinghouse for99 years - Lessee holding in trust for occupier who covenanted to pay rent reserved by lease - Rent paid by occupier on 3rd August, 1914 -Whether rent reserved by lease the standard rent "pending such application" - Increase of Rent and Mortgage Interest (Restrictions) Act, 1923 (No. 19 of 1923) s. 1 (a); s. 2, sub-s. 1 (a) and (b).

1. Sect. 1 of the Increase of Rent and Mortgage Interest (Restrictions) Act, 1923, provides:—"For the purposes of this Act, except where the context otherwise requires: —(a) The expression 'standard rent' means the rent determined in manner hereinafter provided, which in the year ending the third day of August, 1914, the immediate landlord of an occupying tenant of the dwellinghouse might reasonably have expected under any given contract of tenancy not being for more than a term of five years." Sect. 2, sub-s. 1, provides:—The standard rent shall be determined in the following manner:—(a) If the dwelling-house was on the third day of August, 1914, let to an occupying tenant under a...