Elliott v Ellis

CourtCourt of Appeal (Irish Free State)
Judgment Date21 December 1923
Date21 December 1923
Docket Number(1922. No. 4,119.)
Elliott v. Ellis.
(1922. No. 4,119.)

Appeal. (I. F. S.)

Landlord and tenant - Increase of rent - Notice of increase - Validity - Disputed items - Agreement between parties - Increase of Rent and Mortgage Interest (Restrictions) Act, 1920 (10 & 11 Geo. 5, c. 17), sect. 2, sub-s. 1 (a) and (d); sect. 3, sub-s. 2; First Schedule.

A notice in writing of a landlord's intention to increase the rent of a dwelling-house to which the Increase of Rent and Mortgage Interest (Restrictions) Act, 1920, applies, served by him upon the tenant, claimed increases under the four statutory heads. The tenant denied liability in respect of improvements under sect. 2, sub-s. 1 (a), of the Act, contending that hie liability under sect. 2, sub-s. 1 (d), should be reduced by half because he was expressly bound under the tenancy to execute internal repairs. By agreement between the parties the claim under (a) was abandoned, and that under (d) was reduced by half. Upon a motion for final judgment for rent due, the tenant made the case that the notice was invalid, because the figures to which he had agreed did not correspond with the figures which were set out in the notice.

Held (affirming the King's Bench Division), that the notice was not invalid.Penfold v. Newman ([1922] 1 K. B. 645) discussed.

Appeal from an order of the King's Bench Division granting final judgment for £35 10s. 1d., being six months' rent from 1st April, 1922, to 30th September, 1922, of No. 8 Upper Garville Avenue, Rathgar, held by the defendant from the plaintiff under a tenancy from year to year, arising on the termination of a three years' letting made on December 15th, 1916.

The action was brought to recover £40 1s. 9d., including £4 11s. 8d. for the month of May, 1920; £6 0s. 11d. for the month of April, 1922; and £5 17s. 10d. for each of the succeeding five months. The standard rent was £52 a year. Under the agreement made on December 15th, 1916, the defendant held the premises for a term of three years from January 1st, 1917, at the yearly rent of £55, free of rates and taxes, payable monthly on the first day of each month. By this agreement the tenant undertook to keep the inside of the house, and the landlord the roof and outside in good order and repair. The rent of £55, which was £3 more than the standard rent, was proposed by the tenant. On the expiration of the term the landlord served notice under the Increase of Rent and Mortgage Interest...

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1 cases
  • Sammon v Byrne
    • Ireland
    • Supreme Court (Irish Free State)
    • 15 July 1926
    ...of the High Court affirmed. Observations of Salter, J., in Penfoldv. NewmanELR, [1922] 1 K. B. 645. applied. Elliottv. EllisIR. [1923] 2 I. R. 45, and Bourne v. LittonELR, [1924] 2 K. B. 10, distinguished. The maxim, "Quilibet potest renunciare juri pro se introducto."is excluded by the wor......

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