Lloyd and Another v Earl of Pembroke and Another

• Jurisdiction: Ireland
• Judgment Date: 01 January 1955
• Date: 01 January 1955
• Court: High Court

Lloyd and Another

and

Earl of Pembroke and Another

User -Lessees requesting consent of lessor to change of user for the purposes of sale - Such consent not to be unreasonably withheld - Particulars of proposed new use - Insufficient particulars given to lessor - Lessees not personally or directly concerned in the change of user - Whether proceedings to force lessor to give consent misconceived and premature - Landlord and Tenant Act, 1931 (No. 55 of 1931) s. 57.

The plaintiffs were the executors of the deceased lessee who held premises under a lease dated 16th February, 1897, from the defendants. The said lease contained a covenant restricting the user of the premises to that of a private dwellinghouse and prohibited their use as a school or a religious institution. The plaintiffs wished to sell to a religious order, who required the waiver of the restrictive covenant so that they could use the premises as a school. The plaintiffs then requested the defendants to waive the said covenant which the defendants refused on the grounds (a) that they had not been furnished with sufficient particulars of what the proposed change of user would involve and, (b) that the plaintiffs were not the persons who intended to use the premises as a school and therefore they could not give any undertaking as to the new user. The plaintiffs then issued proceedings in the High Court to force the defendants to consent to the proposed change of user. Held, (1) The proceedings were misconceived as to the parties suing and were also brought prematurely. Semble: The person or persons who propose to use the...