McCabe v McGonigle
Jurisdiction | Ireland |
Judgment Date | 11 November 1956 |
Date | 11 November 1956 |
Court | High Court |
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 premises and his sister, Mrs. O'C., who had kept house for him during the period when he did reside on the premises and who was partially dependent upon him was still resident on the premises. In September, 1954, the plaintiff instituted ejectment proceedings in the Circuit Court against the defendant grounded on an ejectment civil bill for overholding, a defence to which was entered in October, 1954. In November, 1954, while the ejectment proceedings were still pending, the defendant applied in writing to the plaintiff for her consent to an assignment by him of his interest in the statutory tenancy to Mrs. O'C. No reply having been received to this letter within ten days, the defendant applied to the Circuit Court by motion on notice for a declaration that consent to the proposed assignment had been unreasonably withheld by the plaintiff. The civil bill and the motion came on for hearing together on the 7th January, 1955, when the Circuit Court Judge made an order for possession in favour of...
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