Gildea v Conway

• Jurisdiction: Ireland
• Judgment Date: 01 January 1919
• Date: 01 January 1919
• Court: Circuit Court

Cir. Cas.,

Gildea

and

Conway

Breach of agreement - Yearly tenancy - Notice to quit - Increase of Rent and Mortgage InterestAct, 1915.

The defendant, a tenant of licensed premises, was bound under his agreement to keep the premises in repair, to keep up the licence, and to do no act which would imperil the licence. The tenant having acquired other licensed premises in same town, had virtually closed the said premises and starved the trade therein. The landlord served a notice to quit, and the County Court Judge gave a decree for possession. On appeal to the Judge of Assize: —Held, that as the tenant had broken the spirit of the agreement under which he held the premises, the Court was entitled...