McCabe v McGonigle

• Jurisdiction: Ireland
• Judgment Date: 11 November 1956
• Date: 11 November 1956
• Court: High Court

McCabe

and

McGonigle

Statutory tenant - Tenant not residing on premises -Premises occupied by dependent relatives of tenant - Whether tenant "in occupation" so as to be entitled to protection of the Rent Restrictions Acts - Rent Restrictions Act, 1946 (No. 4 of1946), ss. 37; 40, sub-s. 4 (b).

The defendant, a Garda inspector, was statutory tenant to the plaintiff of controlled premises in the City of Cork. He had ceased to reside in Cork himself at the time of service of the notice to quit, in May, 1954, and intended to return to the premises only if he should be transferred back to Cork or its vicinity. He continued, however, to pay the rent of the...