Shannon v McMahon

JurisdictionIreland
Judgment Date01 January 1946
Date01 January 1946
CourtHigh Court
Shannon
and
McMahon

Dwelling-house let in1914 - Subsequent structural alterations - Change in user - Whether identity of premises changed - Extent of alterations necessary to change identity - Whether change in user material to question of identity - Whether standard rent to be fixed under s. 2, sub-s. 1 (a) or s. 2, sub-s. 1 (b) of Increase of Rent and Mortgage Interest (Restrictions) Act, 1923 (No. 19 of 1923).

In 1914 a small dwelling-house was let at the weekly rent of 2s. 6d. In 1929 the house was let to the plaintiff at the weekly rent of 5s. and the plaintiff made some alterations, at a total cost of £32, converting the front parlour into a workshop, putting in a new door, lowering a partition, enlarging one window and altering another window. The plaintiff dwelt in the premises and carried on business there as a watch repairer. In 1945 the plaintiff brought proceedings against the landlord for overpayments of rent. The Circuit Court Judge held that the identity of the premises had been so changed that the rent paid in 1914 should not be regarded in ascertaining the standard rent, and accordingly he dismissed the plaintiff's claim. Held by Black J., reversing the Circuit Court Judge, that the premises had still their original standard rent of 1914, and accordingly the plaintiff was entitled to recover the amount claimed in respect of overpayments. As to what kind of structural change would be sufficient to render the standard rent of 1914 inapplicable, the alterations must be so...

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