McQuillan v Clinton

• Jurisdiction: Ireland
• Court: Circuit Court
• Judgment Date: 01 January 1921
• Date: 01 January 1921

Cir. Cas.,

McQuillan

and

Clinton

Business premises used as residence - Premises required by landlord both for business and residence - Alternative accommodation - Greater hardship - Renewal of head lease to occupier.

Where premises are used both for business and residential purposes they are to be treated as a dwellinghouse within the meaning of the Increase of Rent and Mortgage Interest (Restrictions) Act, 1920. If they are bona fide required by the landlord primarily as a residence, although also for business purposes, and they are protected by the provisions of s. 5 (iv) of the Act regarding the date of commencement of tenancy, the question of alternative accommodation is not to be considered. Where a tenant would as occupier become entitled to the renewal of his landlord's head lease, if he were...