Sir Arthur Brooke, Bart. v O'Mahony

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

(S.C.),

Sir Arthur Brooke

Bart.

and

O'Mahony

Arrears accrued due up to gale day next preceding furnishing of particulars to Land Commission under the Land Act, 1923 - Whether recoverable by landlord -Effect of Land Acts, 1923 and 1927 - Land Act, 1923 (No. 42 of 1923), ss. 19, 20 - Land Act, 1927 (No. 19 of 1927), s. 12.

By s. 19 of the Land Act, 1923, rent and arrears ofrent, in respect of a holding to which the Act applies, accrued due up to and including the gale day next preceding the date of the passing of the Act shall not be payable by the tenant and no proceedings against the tenant for recovery of arrears of rent shall be begun, continued, or enforced after the passing of the Act. By s. 20 the tenant is required to pay in lieu of rent sums amounting to 75 per cent. of his former rent to the Land Commission, and the latter is required to pay equivalent sums to the landlord. Sect. 22 imposes a duty on landlords to furnish particulars of holdings to the Land Commission to enable them to collect these sums. Sect. 12 of the Land Act, 1927, provides that, where the particulars required by s. 22 have not been furnished prior to the passing of the Act, and such particulars are afterwards furnished, then the provisions of s. 20 of the Land Act, 1923, shall apply to the holding from the gale day next preceding the date on which such particulars are in fact furnished, from which date the liability of the tenant for payment in lieu of rent and of the Land Commission for payment to the landlord are to begin: provided that the rent payable by the tenant from the gale day next preceding the passing of the Land Act, 1923. shall be reduced by 25 per cent. In a case, therefore, where land to which the Land Act, 1923, properly applied, but particulars were not furnished by the landlord pursuant to s. 22 until November, 1937, it was held by the...