Sweeney (F. G.) Ltd v Powerscourt Shopping Centre

• Jurisdiction: Ireland
• Judge: Carroll, J.,
• Judgment Date: 01 January 1985
• Neutral Citation: 1984 WJSC-HC 2859
• Docket Number: [1984 No. 3662P],No. 3662P/1984
• Court: High Court
• Date: 01 January 1985

1984 WJSC-HC 2859

THE HIGH COURT

No. 3662P/1984

SWEENEY v POWERSCOURT SHOPPING CENTRE

BETWEEN:

F.G. SWEENEY LIMITED

Plaintiffs

and

POWERSCOURT SHOPPING CENTRE LIMITED

Defendants

Subject Headings:

LANDLORD & TENANT: lease

1 JUDGMENT of Carroll, J., delivered the 6th day of June 1984

2 The defendants are lessors and the plaintiffs lessees of Unit 22L of Powerscourt Shopping Centre. The premises are let under a lease dated the 14th January 1982 for the term of 33 years from the 1st April 1981 at the initial yearly rent of £11,160.00 by equal quarterly payments. There is a liability also for service charges under the lease. There is a re-entry clause for (inter alia) non-payment of rent and breach of covenant.

3 On the 19th April 1984 the plaintiffs owed the defendants £14,661.00 arrears of rent and £3,308.00 service charges (total: £17,969.00). The defendants' solicitors sent a letter dated the 19th April 1984 expressed to be a notice under section 14 of the Conveyancing and law of Property Act 1881 ("The Conveyancing Act 1881") calling on the plaintiffs to pay arrears of rent and service charges within 14 days of the date thereof. Following that letter there were some negotiations but the money was not paid.

4 On the 6th May 1984 the defendants re-entered the premises by using a master key which opens several similar locks in the centre. The re-entry took place on a Sunday when no one was present in the shop.

5 The plaintiffs obtained an interim injunction on grounds that the lease had not been lawfully determined and legal proceedings had not been instituted by the defendants. The matter comes before me to decide whether or not an interlocutory injunction should be granted.

6 In my opinion the authorities support the proposition that a lessor who has a valid re-entry clause for non-payment of rent and/or breach of convenant may, after serving a valid notice under section 14 of the Conveyancing Act 1881, re-enter peaceably and forfeit the lease.

7 Section 14 of the Conveyancing Act 1881 dearly contemplates re-entry or forfeiture by means other than by action.

8 Sub-section (1) mentions that a right of re-entry or forfeiture shall not be enforceable "by action or otherwise" unless or until.. etc. Sub-section (2) refers to where a lessor is proceeding "by action or otherwise" to enforce such a right etc. and, again in the same sub-section, that the lessee may, in the lessor's action "if any" or in any action brought by himself, apply to the Court..etc.

9 It was held in Re Riggs ( 1901 2 K.B....