Murphy v O'Connell

• Jurisdiction: Ireland
• Judgment Date: 01 January 1949
• Date: 01 January 1949
• Court: High Court

(H.C.)

Marsham

and

Coras Iompair Eireann and Others

Murphy

and

O'Connell

Lease of property outside limits of control - Subsequent sub-lettings of parts within limits of control -Expiry of lease - Sub-tenants not entitled to protection - Rent Restrictions Act, 1946 (No. 4 of 1946), ss. 2, 3, 38, 39.

Letting for temporary convenience of tenant for term certain - Tenant remaining on in possession after expiration of term - Ejectment proceedings -Whether tenancy had ceased to be a letting for temporary convenience - Rent Restrictions Act, 1946, s. 45.

On the expiry of a lease of property which was outside the limits of protection of the Rent Restrictions Act, 1946, sub-tenants of parts thereof, whose sub-tenancies were created after the commencement of the lease and were within the limits of protection expressed in the said Act, are not entitled to the protection of the Act from ejectment by the lessor of the expired lease. So held.

The Court held that a letting for a period of not more than eighteen months of premises controlled by the Rent Restrictions Act, 1946, made for the temporary convenience of the tenant, had, by reason of the tenant having been permitted to remain on for a further...