Farrell v Barron

Judgment Date01 January 1938
Date01 January 1938
CourtHigh Court

Right to - Yearly tenancy subsisting - Expiry of lease - Application for new tenancy prior to - Tenant holding over and paying rent - Yearly tenancy created by implication - Position of tenant so holding over.

A tenant, who is in occupation of a tenement under a tenancy which still subsists and which has not been terminated or in respect of which no notice to quit has been served, cannot apply to the Court for the grant of a new tenancy or other relief under the Landlord and Tenant Act, 1931, since he is unable to bring himself within the terms of s. 19 of the Act. Accordingly, where a lessee held a tenement under a lease which expired, and prior to the expiration whereof he had duly served his notice of intention to claim relief in proper time under s. 24 of the Act, but thereafter continued in occupation paying the rent to the lessor in circumstances in which a new tenancy from year to year...

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2 cases
  • Baumann v Elgin Contractors Ltd
    • Ireland
    • High Court
    • 1 January 1974
    ...right would not have been defeated if the creation of a tenancy could have been implied from the facts. Farrell v. BarronDIJR [1938] Ir. Jur. Rep. 19 overruled. (H.C.) Baumann and Elgin Contractors Tenancy - Creation - Implication of law -Lessee overholding on expiration of term granted by ......
  • Twil Ltd v Kearney
    • Ireland
    • Supreme Court
    • 28 June 2001
    ...in this report:- Baumann v. Elgin Contractors Ltd. [1973] I.R. 169. Dublin Corporation v. Ashley [1986] I.R. 781. Farrell v. Barron [1938] Ir. Jur. Rep. 19. Mealiffe v. G.N. Walsh Ltd. [1986] 1 I.R. 427. Landlord and tenant - Tenancy - Renewal - Notice of intention to claim new tenancy - Un......

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