Leigh v O'Byrne

• Jurisdiction: Ireland
• Court: High Court (Irish Free State)
• Judgment Date: 01 January 1935
• Date: 01 January 1935

I.F.S.]

Leigh

and

O'Byrne

First letting - Onus of proof.

In an application to fix the standard rent of premises the applicant (tenant) proved that he was in possession under a letting made to him in January, 1935, of the premises, which were then vacant; no evidence was adduced by either party to show whether the premises were let as a separate dwelling-house in 1914 or at any time prior to the present letting. Held, that the letting to the applicant should, in the absence of evidence to the contrary, be taken as the first letting of the premises. Bolger v. DalyIR [1925] 2 I. R. 42 applied.