De Montmorency, Landlord; M'Adam, Tenant

• Jurisdiction: Ireland
• Judgment Date: 09 December 1898
• Date: 09 December 1898
• Court: Land Commission (Ireland)

Land Com.

Before MEREDITH, J., and the Hon. GERALD FITZGERALD, G.C., Commr.

DE MONTMORENCY,

LANDLORD;

M'ADAM,

TENANT

Coffey's Estate I. R. 4 Eq. 47.

Robinson v. WakefieldIRIR [1896] 2 I. R. 194; [1897] 2 I. R. 130.

Stevenson v. ParkerIR [1895] 2 I. R. 504.

Landlord and tenant — 2 Wm. 4, c. 17, s. 2 —— Subletting in breach of covenant.

Tor.. IL] QUEEN'S BENCH DIVISION. 299 DE MONTMORENCY, LANDLORD; MADAM, TENANT (1). Land Conn. 1898. Landlord and tenant-2 Win. 4, c. 17, s. 2—Land Law (Ireland) Acts, 1881 Deo, 9. to 1896—Subletting in breach of covenant. A lease, made on 7th May, 1832, contained a clause permitting the lessee to sublet the premises to one good and solvent tenant, but not to more than one such tenant at the same time, nor in separate parcels, under a penalty. The holding comprised 142 acres. There were two sub-tenants, one holding 9 acres at £10 a-year rent ; and the other holding over one acre at £2 10s. a-year rent. The lessor resided at a distance of about five miles from the holdÂing. No evidence was given that he knew of the existence of, or consented to, the subletting. Held, that the clause in the lease was one controlling or regulating the subÂletting of the lands demised within the meaning of the 2nd section of 2 Wm. 4, c. 17 ; that the sublettings being in breach of the contract of tenancy, sect. 7 (1) (b) of the Land Law (Ir.) Act, 1896, did not apply ; and that the lessee could not be considered as in bona fide occupation. The Court refused to presume a lost deed consenting to the sublettings. APPEAL from an order of a Sub-Commission Court. Nolony, for the landlord. Hynes, for the tenant. The facts appear in the judgment. MEREDITH, J. :— The holding comprises 142A. 2a. 17p., the old rent was £132 ls., and the Sub-Commissioners fixed the fair rent at £120 9s. 6d. The legal question to be determined is that of " bona fide occupation," within the meaning of the Land Law Acts. The lands are held under a lease, dated the 7th of May, 1832, made by William De Montmorency to Robert Stannard for three (1) Before MEREDITH, J., and the Hon. GERALD FITZGERALD, Q.C., Commr. THE IRISH REPORTS. [1899. lives, one of whom is still in being, or thirty-one years, and conÂtained the following covenant with reference to subletting :—" And the said William de Montmorency doth for himself, his heirs, and assigns, covenant, promise, and agree, to and with the said Robert Stannard, his heirs, executors, administrators, and assigns, in manner and form following, that is to say, that he the said Robert Stannard, his heirs, executors, administrators, and assigns shall and may at all times during the continuance of this demise set and uuderlet the lands...