Modern Homes (Dublin) Ltd v Grey

• Jurisdiction: Ireland
• Judgment Date: 01 January 1940
• Date: 01 January 1940
• Court: Circuit Court

(Cir. Ct.),

Modern Homes (Dublin) Ltd

and

Grey

Dwelling-house and grounds never controlled - Gate lodge let as a separate dwelling - Landlord obtaining possession of dwelling-house, grounds and pate lodge - Gate lodge not decontrolled - Increase of Rent and Mortgage Interest (Restrictions) Act, 1926, s. 5 (1)

Where premises of which a landlord obtains actual possession after the passing of the Increase of Rent and Mortgage Interest (Restrictions) Act, 1926, were never subject to the provisions of the Acts, such actual possession does not de-control the premised under s. 5 (1) of the Act of 1926. A gate lodge, of which the Poor Law Valuation was £4, was let in 1922 to an occupying tenant. The owner of the property in which the gate lodge was included obtained actual possession of the entire property, including the gate lodge, in August, 1929. The gate lodge was then let to the defendant in February, 1930. Held, the gate lodge again became subject to the provisions of the Increase of Rent and...