Hardman v White [Supreme Court.]

• Jurisdiction: Ireland
• Judgment Date: 01 January 1947
• Date: 01 January 1947
• Court: Supreme Court

(Cir. Ct.),

Hardman

and

White

At what stage tenancy determines - Landlord and Tenant Law Amendment Act, Ireland, 1860, s. 66 - Landlord and Tenant Act, 1931, s. 51.

When a landlord obtains a decree of ejectment against his tenant under s. 52 of the Landlord and Tenant Law Amendment Act, Ireland, 1860, on the ground of there being a year's rent due, the tenancy of the tenant will be determined only as from the date of the execution of the decree. The doctrine of "relation back" does not apply to such an ejectment, nor is the position affected by the provisions of s. 51 of the Landlord and Tenant Act, 1931. Bailey v. Mason (2 Ir. C.L.R. 582) and Kennedy v. Gannon (1 N.I.J.R. 147) followed. Nugent v. Phillips (8 Ir. L.R. 17) and Hall v. FlanaganUNK (I.R. 11 C.L. 470) not followed. Russell v. Moore (8 L.R. Ir. 318) considered.