Kelly v Cussen and Cussen

• Jurisdiction: Ireland
• Judgment Date: 01 January 1954
• Date: 01 January 1954
• Court: Circuit Court

(Cir. Ct.)

Kelly

and

Cussen and Cussen

Desire of tenant to sell his interest therein - Witholding of landlord's consent - Suitable new tenant available -No security sought from or offered by new tenant for his rent - Whether greater hardship would be caused by granting the consent than by withholding it - Withdrawal of offer for tenant's interest in the premises - Whether plaintiff entitled to damages for loss of bargain - No proof of pecuniary loss - The Rent Restrictions Act, 1946, ss. 2 and40, sub-s. 4 - The Landlord and Tenant Act, 1931, ss. 2, 55 and 56, sub-s. 2.

K. a statutory tenant of the defendants asked for their consent in writing to the assignment of his interest in the premises to R. This consent was refused and the defendants now relied on the fact that no security had been offered by R. for his rent (though he had not been asked for such security). The consent not being forthcoming, R. after some time withdrew his offer to K. On the application by K. for a declaration that the defendants and each of them had unreasonably and wrongfully withheld their consent to the sale and assignment of...