Johnston v Perrott
The Circuit Court
Landlord and tenant - Property - Planning and development - Whether landlord entitled to order for possession - Landlord and Tenant Act, 1980 (No 10) sections 16, 17.
Judgment of His Honour Judge John F. Buckley delivered the 3rd day of May 2001
The tenants Johnston & Perrott Limited, held the premises at 1/2 Hanover Street Dublin from the landlords Geraldine Cantrell and Others under a lease dated the 1st day of April 1970 which expired on the 31st day of March 2000. It is agreed between the parties that the premises held under the lease constituted a tenement within the meaning of the Landlord and Tenant Acts and that the tenants were entitled to a new lease of the premises under Sect. 16 of the 1980 Act (as amended). The Landlords however claimed that they were entitled to invoke Section 17 (2) (i) of the Act which is in the following terms;
“A tenant shall not be entitled to a new tenancy under this Part where it appear to the Court that -
(i) the landlord intends or has agreed to pull down and rebuild or to reconstruct the buildings or any part of the buildings included in the tenement and has planning permission for the work”
The landlords adduced in evidence a Grant of Planning Permission in respect of the premises granted by An Bord Pleanála on the 7th day of February 2001. The permission was subject to the following conditions:
1. Water supply and drainage arrangements, including the disposal of surface water, shall comply with the requirements of the planning authority for such works and services.
2. Prior to commencement of construction, details of the materials, colours and textures of all the external finishes to the building shall be submitted to the planning authority for agreement
3. The developer shall pay a sum of money to the planning authority as a contribution towards expenditure that was and/or that is to be incurred by the planning authority in respect of works facilitating the proposed development. The amount of the contribution and the arrangements for payment shall be agreed between the developer and the planning authority or, in default of...
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