Lloyd v Keys

• Jurisdiction: Ireland
• Judgment Date: 16 June 1900
• Date: 16 June 1900
• Court: Queen's Bench Division (Ireland)

LLOYD

and

KEYS

Q. B. Div.

Landlord and tenant — Ejectment for non-payment of rent — "Rent" — Lease reserving two annual "rents" out of the same holding — Year's rent in arrear —

Ballymena Commissioners v. M' KayUNK 17 L. R. Ir. 605.

Corporation of Leicester v. BrownUNK 62 L. J. M. C. 22.

Enniskillen v. ReillyUNK 32 L. R. Ir. 372.

Exp. VoiseyELR 21 Ch. D. 442.

Hall v. SmallpieceUNK 59 L. J. M. C. 97.

James v. WyvillUNK 51 L. T. (N. S.) 257.

Knight's CaseUNK 5 Rep. 54b.

London County Council v. HumphreysELR [1894] 2 Q. B. 755.

London County Council v. PearceELR [1892] 2 Q. B. 109.

Maude v. The Baildon Local BoardELR 10 Q. B. D. 394.

Meadows v. TaylorUNK 59 L. J. M. C. 99.

Newman v. BakerENR 8 C. B. (N. S.) 200.

Richardson v. BrownUNK 49 J. P. 661.

Richardson v. BrownUNK 49 J. P. 662.

Slaughter v. The Mayor of SunderlandUNK 60 L. J. M. C. 91.

Stephens v. DoyleUNK 51 Ir. C. L. R. 526; 2 Ir. Jur. 152.

The Ballymena Township Commissioners v. M'KayUNK 17 L. R. Ir. 605.

Wallasey Local BoardELR 16 Q. B. D. 718.

Warren v. MustardUNK 61 L. J. M. C. 18.

Winter's CaseENR 3 Dyer, 308 b.

416 THE IRISH REPORTS. [1901. Q. B. Div. rigid compliance with all the requirements of these bye-laws, a 1900, conclusion which would appear to me to be very unreasonable. Solicitor for the appellants : Bonass. Solicitor for the respondents : Shannon. A. E. R. J. Q. B. Div. LLOYD v. KEYS (1). 1900. May 11. Landlord and tenant—Ejectment for non-payment of rent—" Rent"—Lease June 16. reserving two annual " rents" out of the same holding—Year's rent in arrear—Landlord and Tenant (Ireland) Act, 1860, sects. 1, 52. By lease dated 1879, reciting that L. (the lessor) had erected a dwelling-house, &c., on the premises demised, out of moneys (£896 6s. 6d.) advanced by the Board of Works, L. demised the lands in question for a term of sixty years to K., " yielding and paying therefor and thereout the yearly rent or sum of £13 2s. " (over and above taxes) " and also yielding and paying as long as any sum should remain due on foot or in respect of the said loan of £896 6d. 6d., the further yearly annual sum of £44 16s. 4d., or such other annual sum" as might be payable in respect of same, "the said yearly rents to be payable" every 1st November and 1st May. The terminable annuity payable to the Board of Works was, in 1889, reduced to £35 17s. In 1899 the plaintiff issued a civil bill ejectment for non-payment of rent, there being then no arrears due in respect of the Board of Works' charge, but there being due to the plaintiff a sum of £21 13s. 8d. in respect of the rent of £13 2s. On case stated by the Judge of Assize : Held, that upon the true construction of the lease, the "rent" of the holding, within the Landlord and Tenant Act, 1860, sect. 1, was the aggregate of the two annual sums, viz. the £35 17s. and the £13 2s ; and that, there not being a year's rent in arrear within sect. 52 of that Act, the plaintiff could not succeed. Semble, even if each sum could be regarded as a distinct rent-service, sect. 52 would not enable an ejectment to be brought in respect of each such rent. CASE STATED for the opinion of the Queen's Bench Division by Panes, C.B., at the Spring Assizes, 1900, for the county of (1) Before LORD O'BnrEN, L.C.J., and GIBSON and KENNY, H. VOL. II.] QUEEN'S BENCH DIVISION. 417 Limerick, upon an appeal from a decree for possession granted by Q. B. Div. the County Court Judge in a civil bill ejectment for non-payment 1900. LLOYD of rent. V. By lease dated the 10th October, 1879, and made between KEYS. Rickard E. Lloyd of the one part, and William Keys of the other part—reciting that a dwelling-house and buildings had been erected on the lands by said lease demised, and that £896 6s. 6d. of the expenditure on said house has been contriÂbuted by the lessor out of moneys borrowed by him from the Board of Works—it was witnessed that the said Rickard E. Lloyd demised to the said William Keys part of the lands of Portnora, containing 4 acres 1 rood and 9 perches, Irish plantaÂtion measure, for the term of sixty years, from the 1st May, 1879, yielding and paying...