Shanley v Commissioners of Public Works in Ireland

• Jurisdiction: Ireland
• Judgment Date: 01 January 1992
• Date: 01 January 1992
• Docket Number: [1990 No. 10012P]
• Court: High Court

High Court

[1990 No. 10012P]

Shanley v. Commissioners of Public Works in Ireland

Patrick Shanley

Plaintiff

and

The Commissioners of Public Works in Ireland and The Attorney General, Defendants

Cases mentioned in this report:—

Byrne v. Ireland [1972] I.R. 241.

Commissioners of Public Works v. Kavanagh [1962] I.R. 216.

R. (Cooney) v. Clinton [1935] I.R. 245.

Landlord and tenant - Lease - Termination - Whether there was a right to a new tenancy in respect of State owned property pursuant to the Landlord and Tenant Act, 1931 - Whether the Landlord and Tenant (Amendment) Act, 1980, restated the law regarding State owned property - Statutory exclusion of right to new tenancy in respect of State owned property - State Lands Act, 1924 (No. 45) - Landlord and Tenant Act, 1931 (No. 55) - Landlord and Tenant (Amendment) Act, 1980 (No. 10), s. 4, sub-s. 2, s. 16.

Statute - Application - Power to lease State owned property - Whether the Landlord and Tenant Act, 1931, applied to State owned property - Whether the Act of 1931, and the State Lands Act, 1924, conflicted with one another - Statutory exclusion of right to new tenancy in respect of State owned property - State Lands Act, 1924 (No. 45) - Landlord and Tenant Act, 1931 (No. 55) - Landlord and Tenant (Amendment) Act, 1980 (No. 10), s. 4, sub-s. 2, s. 16.

Plenary summons.

The facts are summarised in the headnote and are set out in the judgment of Carroll J., post.

By plenary summons issued on the 12th July, 1990, the plaintiff sought inter alia a declaration that s. 4 of the Landlord and Tenant (Amendment) Act, 1980, as amended by s. 14 of the Landlord and Tenant (Amendment) Act, 1984, was invalid having regard to the provisions of Articles 40, s. 3 and 43 of the Constitution. The plaintiff claimed that the Landlord and Tenant Act, 1931, had applied to a tenancy granted to him in 1972, and that his right to claim a new tenancy pursuant to that Act had been taken away by the provisions of the Landlord and Tenant (Amendment) Act, 1980, which replaced the Act of 1931.

The action was heard by the High Court (Carroll J.) on the 29th October, 1991.

Section 4, sub-s. 2 of the Landlord and Tenant (Amendment) Act, 1980, provides that the Act shall not bind a State authority in its capacity as lessor or immediate lessor of any premises.

Section 16 of the Landlord and Tenant (Amendment) Act, 1980, provides that a tenant to which Part II of the Act applies shall be entitled to a new tenancy, on the termination of his previous tenancy, on such terms as may be agreed between the parties or in default fixed by the court. Section 16 replaced s. 19 of the Landlord and Tenant Act, 1931, under which claims to a new tenancy would have been made prior to the coming into effect of the Act of 1980.

The State Lands Act, 1924, provided for the granting of leases and licences of State lands. Such lettings might only be made in the public interest; might not exceed 99 years and might not apply to mines and minerals.

The plaintiff was a tenant of the Minister for Finance under an agreement dated the 28th July, 1972, for a term of six months from the 17th July, 1971, and for successive periods of six months thereafter. The agreement provided that the tenancy might be determined on any gale day after the date of the agreement by either party giving three months' notice in writing. The plaintiff was served with a notice to quit dated the 3rd August, 1989, to terminate his tenancy as from the 17th January, 1990.

The plaintiff by these proceedings sought a declaration that s. 4, sub-s. 2 of the Act of 1980 was invalid having regard to the provisions of the Constitution. It was argued on his behalf that the provisions of the Landlord and Tenant Act, 1931...