Fitzsimons v Parker and Others

• Jurisdiction: Ireland
• Judgment Date: 01 January 1949
• Date: 01 January 1949
• Court: High Court

(H.C.)

Fitzsimons

and

Parker and Others

Ejectment proceedings - Breach of covenant as to user -Private dwellinghouse used for business purposes - Acquiescence - Cessation of breach - Whether reasonable to make order for possession - Rent Restrictions Act, 1946, s. 37 - Practice - Circuit Court - Landlord and tenant - Ejectment - Tenancy terminated by notice to quit - Civil Bill disclosing pre-existence of such tenancy - Whether landlord entitled to proceed by ejectment on the title - Rules of the Circuit Court (1930), Or. XLI., r. 6, and Second Sch.

1. (1) When the tenant of premise, held under a lease restricting the user of the premises to that of a private dwellinghouse, used the premises for the business of boarding and breeding dogs, of which user the landlord over a long period of time was aware and in which in some measure he had acquiesced, the Court held that it would not be "reasonable"within the meaning of s. 37 of the Rent Restrictions Act, 1946, to make an order for possession without giving the tenant an opportunity of discontinuing such user and rectifying the position. (2) A civil bill...