McGough v Ryan

• Jurisdiction: Ireland
• Judgment Date: 12 October 1962
• Date: 12 October 1962
• Court: High Court

(H.C.)

McGough

and

Ryan

Application to have rent fixed - Landlord paying rates - Remission of rates for seven-year period in operation at time of letting - Whether a "special circumstance" affecting amount of basic rent - Rent Restrictions Act, 1960, s. 8 (1) (a) (ii).

A dwelling-house was built in 1939. A two-thirds remission of rates was applicable in relation to the premises until 1948. The defendant became tenant of the premises in 1941 under an agreement whereby the landlord was to pay all rates and taxes. In 1962 the applicants applied to the Circuit Court to have the basic rent under the Act of 1960 fixed. The application was refused and on appeal to the High Court it was held by Kenny J. that the amount of the basic rent under the Act of...