Kaye v Kelly

• Jurisdiction: Ireland
• Judgment Date: 28 July 1948
• Date: 28 July 1948
• Court: High Court

Kaye

and

Kelly

Premises controlled by the Rent Restrictions Act, 1946 - Letting to relieve financial difficulties of landlord - Whether a letting for temporary convenience or to meet a temporary necessity of landlord - Rent Restrictions Act, 1946 (No. 4 of 1946), s. 45.

The Rent Restrictions Act, 1946, s. 45, provides as follows:—"Sections 37 and 38 of this Act" [which deal with restrictions on the recovery of controlled premises] "shall not apply to premises . . . let bona fidefor the temporary convenience or to meet a temporary necessity of the landlord or the tenant." On resuming a position of employment which he had formerly relinquished, the plaintiff was obliged to repay to a superannuation fund a sum which he had drawn when he relinquished the post. The repayment was made by weekly instalments the payment of which made it difficult for the plaintiff to live on his salary. To relieve this difficulty the plaintiff let rooms in his house to the defendant. At a later date the plaintiff decided to sell the house with...