Fitzsimons v Menkin

JurisdictionIreland
Judgment Date01 January 1939
Date01 January 1939
CourtSupreme Court
(S.C.),
Fitzsimons
and
Menkin

Dangerous condition of premises - Landlord served with notice to repair by local authority -Possession sought for purpose of complying with notice - Increase of Rent and Mortgage Interest (Restrictions) Act, 1923 (No. 19 of 1923), s. 4 (1) (e).

F., the landlord of premises within the Rent (Restrictions) Acts, let to several tenants, was served by the Dublin Corporation with a notice that the premises were in a dangerous condition, and requiring him to take down or secure same. He obtained possession from all tenants except the defendant, who occupied the ground floor and basement. Proceedings to recover possession were taken in the Circuit Court, where evidence was given on behalf of the plaintiff that the premises would require to be demolished in order to comply with the Corporation notice; the defendant produced evidence to the effect that the work could be carried on without disturbing him. An order for possession was granted on the ground that the plaintiff was entitled thereto by virtue of s. 4 (1), paragraph (e), of the Increase of Rent and Mortgage Interest (Restrictions) Act, 1923. The defendant appealed. The High Court held(see 72 ILTR. 134) (following Irish Land Commission and Commissioners of Public Worksv. RuaneDLTRIR (72 ILTR. 119; [1938] I.R. 148) that paragraph (e) only applies where the local authority, statutory undertaking...

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