Murphy v Porter and Blaney

CourtCircuit Court
Judgment Date01 January 1919
Date01 January 1919
Cir. Cas.,
Porter and Blaney

Dwellinghouse, shop, c. - Sub-letting of dwellinghouse - Increase of Rent and Mortgage Interest Act, 1915 - Rights of sub-tenant.

A landlord let premises, consisting of a dwellinghouse, shop, &c., at £36 10s. 0d. a year, the poor law valuation being £30. The tenant sub-let the dwellinghouse at £20 a year; it was valued at £10. On an ejectment for overholding it was held (1) that as to the dwellinghouse, the Increase of Rent, &c., Act, 1915, s. 1 (3), operated to protect the sub-tenant from eviction by the head landlord, and (2) that as the head landlord could not therefore recover all the premises he could not...

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