Doody and Others, Tenants; W. H. Jones Westby, Landlord

• Jurisdiction: Ireland
• Judgment Date: 29 November 1898
• Date: 29 November 1898
• Court: Land Commission (Ireland)

DOODY AND OTHERS,

TENANTS;

W. H. JONES WESTBY,

LANDLORD.

Land Com.

Landlord and tenant —— Fair rent — Improvements — Board of Works loan.

Vot.. II.] QUEEN'S BENCH DIVISION. 229 the conclusion there arrived at, I should feel bound to follow it, Appeal. but I desire to add that the result of my consideration is that I 1898. see no reason to doubt its soundness. Comma. OF VALUATION V. Solicitor for the Commissioner of Valuation : Sir Patrick Coll. SLIGO HARD. COMMRS. DOODY AND OTHERS, TENANTS ; W. H. JONES WESTBY, Land Cora. LANDLORD (1). 1898. Landlord and tenant—Land Law (Ireland) Acts, 1881-1896—Fair rent Improvements—Board of Works loan. A landlord, at the request of his tenants, borrowed from the Board of Works money which was expended by the tenants in making drains; and they paid him, during the period required for the repayment of the loan, not only the interest payable to the Board of Works, but also a sum equivalent to the sinkÂing fund, till the entire was repaid :— Held, that the improvements were tenants' improvements. THIS was an appeal from an order of a Sub-Commission Court. The facts are set out in the judgment. T. H. Healy, for the tenants. Wakely, for the landlord. MEREDITH, J. :— During the hearing of the appeals on this estate, a question of importance and interest arose. The landlord, at the request of the tenants (as we inferred), borrowed money from the Board of Works, and an arrangement was made between the landlord and the tenants to this effect :—the money was to be expended by the tenants in making drains upon their respective holdings, and the (1) Before MEREDITH, J., and the Hon. GERALD FITZ GERALD, Q.C., Commr. 230 THE IRISH REPORTS. [1899. Land Com. tenants were half year by half year, during the full period required 1898. for the repayment of the loan, to pay to the landlord, not merely DOODY, the interestpayable to the Board of Works, but also a sum equiva- Tenant ; WEsTBY, lent to the sinking fund ; that is to say, half year by half year the Landlord, tenants were to pay, and as a fact paid, to the landlord the entire Meredith, J. amount of the instalments, principal and interest, which the landÂlord paid to the Board of Works. At the expiration of the period the landlord was in this position, that though be had pledged his credit and the credit of his estate for the amounts so lent by the Board of Works, he had not sustained the loss of a farthing ; every penny of the loan having been repaid by...