Johnston v Perrott

 
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The Circuit Court

Between
Johnston & Perrott Limited
Applicants
and
Geraldine Cantrell,Lorraine O’Donoghue,Pamela Rasmussen,Grace Kavanagh and Sean O’Donoghue
Respondents
Abstract:

Landlord and tenant - Property - Planning and development - Whether landlord entitled to order for possession - Landlord and Tenant Act, 1980 (No 10) sections 16, 17.

The applicants as tenants had sought a new lease of the premises they were occupying. The defendants as landlords had however sought to have the lease refused on the grounds laid out in section 17 (2) (i) of the Landlord and Tenant Act, 1980 i.e. that they planned to pull down and rebuild/reconstruct the premises in question. The applicants claimed that although planning permission had been obtained by the landlords the conditions contained therein had not been complied with. Judge Buckley was satisfied that the building for which the landlords had got planning permission came within the meaning of word “reconstruct”. As certain conditions of the planning permission had not been complied with the court could not at this stage make an order declaring that the tenants were not entitled to a new tenancy. The matter would be adjourned for a period so that the conditions of the planning permission could be complied with. If this had been done by the date of the adjourned hearing the court would then propose to make the order sought.

1

Judgment of His Honour Judge John F. Buckley delivered the 3rd day of May 2001

2

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;

3

“A tenant shall not be entitled to a new tenancy under this Part where it appear to the Court that -

4

(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”

5

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:

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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.

7

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

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