Phelan v Hurley

• Jurisdiction: Ireland
• Court: Circuit Court
• Judgment Date: 01 January 1939
• Date: 01 January 1939

(Cir. Ct.),

Phelan

and

Hurley

Apportionment - Tenant of portion of dwelling-house becomes tenant of whole premises subject to the tenancy of thetenant of the other portion - Application to apportion the standard rent and rateable value - Increase of Rent and Mortgage Interest (Restrictions) Act, 1923 (No. 19 of 1923), s. 2 (4).

H. was landlord of a dwelling-house in which P. and McG. were sub-tenants. H. recovered possession against his immediate tenant, as a result of which, under the Increase of Rent and Mortgage Interest (Restrictions) Act, 1923, P. and McG. became tenants of H.H. entered into an agreement with P. whereby P. became tenant of the whole premises but subject to the existing tenancy of McG. in portion of the premises. Subsequently P.made an application under the Act for an apportionment of the standard rent and rateable value of the premises. Held, having regard to the...