Kavanagh v Whittle

JurisdictionIreland
Judgment Date01 January 1927
Date01 January 1927
CourtSupreme Court (Irish Free State)
H C., S. C.,
Kavanagh
and
Whittle

Dwellinghouse let unfurnished - Sub-let furnished - Whether Increase of Rent and Mortgage Interest (Restrictions) Act, 1923, applicable thereto - Status of dwellinghouse - Whether "greater hardship" to grant or refuse order for possession - Letting for "temporary convenience"- Increase of Rent and Mortgage Interest (Restrictions) Act, 1920 (10 11 Geo. V., c. 17), ss. 9, 10, 12 (1) (g) (2) and (6) -Increase of Rent and Mortgage Interest (Restrictions) Act, 1923 (No. 19 of 1923), s. 1 (h); s. 3 (1) (3) (4); s. 4 (1) (d).

The tenant of a house in Dublin which had been let to him unfurnished died in 1919, and after his death his widow remained in possession as tenant. She had three children living with her in the house. Owing to the ill-health of one of them, she went to reside in the country. In March, 1925, she sub-let the house furnished for a year. She was in very poor circumstances, and in the country was living with her children rent free as caretaker of a school. The landlord served a notice to quit expiring on 1st october, 1925, and possession not having been given up, took proceedings to recover possession. The landlord was a teacher of Irish, who had left Dublin in 1920, and was residing in Kerry with his wife and five children. He stated in evidence that he wished to return to Dublin to teach Irish, and wanted the house for his own use. On cross-examination he admitted that he owned ten or twelve other houses in Dublin. The tenant stated that she was about to return to the house. The rent at which the landlord let...

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6 cases
  • Foley v Galvin and Slattery
    • Ireland
    • Supreme Court (Irish Free State)
    • 12 Mayo 1932
    ...L. T. R. 176. (3) [1921] 1 K. B. 409. (4) 143 L. T. R. 333. (5) 42 Ir. L. R. T. 43. (6) [1926] N. 1. 119. (7) [1931] 2 K. B. 546. (8) [1926] I. R. 425. (9) [1926] I. R. 239. (10) [1923] 1 K. B. 522. (11) 43 T. L. R. 335. (1) [1924] W. N. 189. (2) [1921] 1 K. B. 49. (3) [1919] 2 K. B. 301. (......
  • Cunningham v Kelly
    • Ireland
    • Supreme Court
    • 1 Enero 1958
    ... ... The landlord's submission is that the question raised by the Case is ruled in his favour by the decision of this Court in Kavanagh v. Whittle (1) , subject to the single point whether the landlord is entitled to recover from the tenant possession of part of the demised premises ... ...
  • Shannon v McMahon
    • Ireland
    • High Court
    • 1 Enero 1946
    ...1 K. B. 393. (5) 62 I. L. T. R. 47. (6) [1924] 2 K. B. 736. (7) [1925] 2 K. B. 702. (8) [1924] 1 K. B. 936. (9) [1925] 1 K. B. 756. (10) [1926] I. R. 425. (11) [1925] 2 K. B. 713. (1) [1922] 1 K. B. 393 at p. (2) [1923] 1 K. B. 245, at p. 250. (3) [1923] 2 K. B. 694. (4) [1921] 2 K. B. 799;......
  • Sisk v Cronin
    • Ireland
    • Supreme Court (Irish Free State)
    • 21 Diciembre 1930
    ...(11) [1922] 1 K. B. 664. (12) 43 T. L. R. 335. (13) 61 Ir. L. T. R. 66. (14) 132 L. T. R. 490. (15) [1929] 1 K. B. 687, at p. 694. (16) [1926] I. R. 425. ...
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