Cork County Council and O'Donovan v Tuohy
Jurisdiction | Ireland |
Judgment Date | 03 July 1939 |
Date | 03 July 1939 |
Court | Supreme Court |
- "Small dwelling" - Cottage let to ex-service man by Irish Sailors and Soldiers Land Trust - Effect of decision of Supreme Court that occupant not bound to pay rent there for - Liability for rates - "Owner" - "Person who would for the time being receive . . . a rent" - Whether ex-service man liable for rates of cottage - Local Government (Rates on Small Dwellings) Act, 1928 (No. 4 of 1928), s. 1, sub-s. 1; s. 4, sub-ss. 1 and 5.
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Sect. 1, sub-s. 1, of the Local Government (Rates on Small Dwellings) Act, 1928, provides:—"In this Act . . . the word 'owner' means, as the case may require, either the person for the time being receiving (whether on his own account or as agent or trustee for another) in respect of the small dwelling in relation to which the expression is used a rent equal to or exceeding the valuation under the Valuation Acts of such dwelling or the person who would for the time being so receive in respect of such dwelling a rent equal to or exceeding the said valuation if such dwelling were let at such a rent." Under an agreement made between the Irish Sailors and Soldiers Land Trust and the defendant the latter was given possession as a weekly tenant of a house which was a "small dwelling" within the meaning of s. 1, sub-s. 1, of the Local Government (Rates on Small Dwellings) Act, 1928, and for which he paid the Trust the weekly rent of 4s. In consequence of the decision of the Supreme Court in an action brought against the Trust by a number of ex-servicemen who were...
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...2 I. R. 66. (8) [1914] 1 I. R. 175. (9) [1914] 1 I. R. 124. (10) [1935] I. R. 425. (11) [1938] I. R. 148. (12) [1903] 2 I. R. 202. (13) [1939] I. R. 565. (14) 10 Ch. D. 595. (15) 88 L. J. K. B. 833. (16) [1924] 2 Ch. 53. (17) 1 B. & Ad. 509. (18) 13 I. L. R. 438. (19) [1903] 1 K. B. 209. (2......