Sloane v Cooke

• Jurisdiction: Ireland
• Judgment Date: 01 January 1919
• Date: 01 January 1919
• Court: Court of Appeal (Ireland)

C. A.,

Sloane

and

Cooke

Rent including payment for use of furniture -Tenancy terminated by notice to quit - Premises reasonably required by landlord for occupation -Increase of Rent and Mortgage Interest (War Restrictions) Act, 1915 (5 6 Geo. V., c. 97), s. 1 (3), s. 2 (2).

Plaintiff let to defendant a house which was partly furnished. This tenancy was duly determined by a notice to quit. Defendant refused to give up possession, and plaintiff issued a specially endorsed writ, claiming possession. In her affidavit in support of the motion for final judgment, plaintiff stated that she required possession in order to occupy the house herself, that she had been living temporarily elsewhere, that it was necessary for her to change her residence, and that she desired to live permanently in her own house:—Held, by the Court of Appeal, affirming the King's Bench Division, that the motion for final judgment for possession ought to be granted—first, on the ground that the house being let at a rent which included payment in respect of the use of furniture, the case was outside the provisions of the Increase of Rent and Mortgage Interest (War Restrictions) Act, 1915, by s. 2 (2) of that Act...