Stakelum v Ryan

• Jurisdiction: Ireland
• Judgment Date: 01 January 1980
• Date: 01 January 1980
• Court: Circuit Court

(Cir. Ct.)

Stakelum

and

Ryan

Good estate management - Application for new tenancy - Premises formerly public house -Business temporarily closed - Part of premises let - Expiration of tenancy - Application for new tenancy - Application refused by landlord - Landlord wishing to resume business as a publican - Entire premises necessary for this purpose - Whether landlord entitled to refuse to grant a new tenancy - Landlord and Tenant Act,1931 (No. 55), s. 22 (1) (c).

The Respondent was the owner of a public house and licensed premises in Thurles. On the 22nd March, 1972, he leased a portion of the ground floor of this premises to the applicant who carried on a business there until the lease expired on 1st February, 1979. The plaintiff applied to the Court for a new tenancy. There was evidence that the respondent had given up the public house business in 1972 due to the pressures of raising a young family and that, having leased a portion of them to the applicant, he continued to reside on the premises. There was further evidence that he and two other persons had, since then, attempted to run the public house business in the remaining portion of the premises, but had failed to make a success of it, the only entrance to the public house from the street being a side entrance. Thus, the joining of the retained portion with the let portion would provide a frontage to capture the passing trade and would substantially improve the defendant's business. The respondent relied on the Landlord and Tenant Act, 1931, which permits the Court to refuse to grant a new tenancy if it appears that the creation of such would be inconsistent with good estate management. Held: The English case cited must be looked...