Ryan v Phelan

CourtCircuit Court
Judgment Date01 January 1940
Date01 January 1940
(Cir. Ct.),

Increase of rent -Amount expended by landlord on improvement or structural alteration of dwelling-house - Expenditure "unnecessary" in whole or in part -"Tenant" - Alterations during predecessor's term.

Upon the tenant of certain premises controlled by the provisions of the Rent Restrictions Acts applying to have the standard rent fixed, the landlord claimed to be entitled to an increase of rent in respect of work constituting an improvement done by him to the premises twelve years previously during the occupancy of a former tenant. The applicant contended that the work done was "unnecessary"within the meaning of the proviso in s. 8 (1) (a) of the Increase of Rent and Mortgage Interest (Restrictions) Act, 1923, and that the increase in rent claimed by the landlord should not be allowed. Held, that when the Court finds that the work done constitutes an "improvement" it comes within the subsection and the landlord should be allowed an increase in respect of money expended thereon, while the...

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