Curtin v Wilson

• Jurisdiction: Ireland
• Judgment Date: 29 July 1943
• Date: 29 July 1943
• Court: High Court

Curtin

and

Wilson

"House or part of a house let as a separate dwelling" - House let under agreement in writing for three years -Letting subject to existing sub-tenancy in part thereof - Sub-tenant to become tenant to the tenant - Application to fix standard rent of the whole house - Whether application maintainable - Increase of Rent and Mortgage Interest (Restrictions) Act, 1923 (No. 19 of 1923), s. 2, sub-s. 1, s. 3, sub-s. 1.

By an agreement in writing a house was let to L. C. for a term of three years. The agreement provided that "the within agreement is subject to the tenancy at present existing in respect of the top flat of said premises, the rent of which will in future be paid to the said L. C." L. C. applied to the Circuit Court Judge for an order under s. 2, sub-s. 1, of the Increase of Rent and Mortgage Interest (Restrictions) strictions) Act, 1923, determining the standard rent of the whole house. The Circuit Court Judge granted the application. The landlord appealed, contending that the letting of the whole house was not a letting of a house or a part of a house "as a separate dwelling,"and...