Phoenix Picture Palace Ltd v Capitol and Allied Theatres Ltd

JurisdictionIreland
Judgment Date01 January 1951
Date01 January 1951
CourtHigh Court
Phoenix Picture Palace, Ltd.
and
Capitol and Allied Theatres, Ltd.

Lease for three years at weekly rent - Holding over on payment of same rent - Notice to quit on basis of weekly tenancy - Landlord and Tenant Law Amendment (Ir.) Act, 1860, s. 5 - Landlord and Tenant Act, 1931, s. 38.

Held: that where in a lease for three years in which the rent is expressed to be so much per week, the tenant holds over on the expiration of the term, only a weekly and not a yearly tenancy should be presumed. Dictum...

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5 cases
  • Harrisrange Ltd v Duncan
    • Ireland
    • High Court
    • January 25, 2002
    ...& TENANT (AMDT) ACT 1984 S12(1) LANDLORD & TENANT (AMDT) ACT 1984 S12(2) PHOENIX PICTURE PALACE LTD V CAPITAL & ALLIED THEATRES LTD 1951 IR JUR REP 55 RENT RESTRICTIONS ACT 1960 S32 RENT RESTRICTIONS (AMDT) ACT 1967 S10 LANDLORD & TENANT (AMDT) ACT 1971 S11 HOUSING (PRIVATE RENTED DWELLING......
  • Edward Lee & Company [1974] Ltd v N1 Property Developments Ltd
    • Ireland
    • High Court
    • March 12, 2013
    ...Ltd v Kearney [2001] 4 IR 476 applied - Meath v Megan [1897] 2 IR 477; Phoenix Picture Palace Ltd v Capitol and Allied Theatres Ltd [1951] Ir Jur Rep 55; Baumann v Elgin Contractors Ltd [1973] IR 169 and Dean and Chapter of the Cathedral and Metropolitan Church of Christ Canterbury v Whitbr......
  • Crofter Properties Ltd v Genport Ltd
    • Ireland
    • High Court
    • March 22, 2007
    ...yearly tenancy on the same terms and conditions as are applicable: see Phoenix Picture Palace Ltd. v. Capital & Allied Theatres Ltd. [1951] Ir. Jur. Rep. 55. The right is simply one to continue in occupation and no more. Such continuation is of course on the terms as decreed by the various ......
  • McCombe and Another v Sheehan and Another
    • Ireland
    • High Court
    • March 19, 1954
    ...2 K. B. 496, at p. 505. (2) [1945] 1 K. B. 577. (3) [1920] 3 K. B. 428. (1) [1949] Ir. Jur. Rep. 17. (2) [1949] 2 K. B. 388. (3) [1951] Ir. Jur. Rep. 55. (4) 2 B. & C. (5) 6 C. B. 90, at p. 98. (6) I. R. 1 C. L. 700. at p. 715. (1) 50 W. N. 17. (2) [1949] 2 K. B. 388. (3) [1925] 1 K. B. 584......
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