Talbot, Landlord; Honeyford, Tenant

• Jurisdiction: Ireland
• Judgment Date: 22 June 1901
• Date: 22 June 1901
• Court: Court of Appeal (Ireland)

TALBOT,

LANDLORD;

HONEYFORD,

TENANT.

Appeal.

Landlord and tenant —— Fair rent — Buildings erected by tenant in pursuance of covenant in lease — Reduction of rent in consequence — Arrears of rent paid by tenant on obtaining possession of holding — Percentage allowed to tenant in fixing fair rent.

Ball v. Downshire Ibid. 28.

Caldwell v. HoustonDLTR 24 I. L. T. R. 25.

Glenny v. BellUNK [1898] 2 Ir. R. 233.

Hunter v. CoeyDLTR 24 I. L. T. R. 55.

Lanyon v. ClintonUNK [1895] 2 Ir. R. 150.

Lendrum v. DeazleyUNK 4 L. R. Ir. 635

Mollan v. KieranUNK [1894] 2 Ir. R. 27.

Mullin v. LavensDLTR 16 I. L. T. R. 13.

Purcell v. HendersonUNK 16 L. R. Ir. 213, 466.

Poi.. 1.1 CHANCERY DIVISION. 441 TALBOT, LANDLORD ; HONEYFORD, TENANT (1). Appeal. 1901. Landlord and tenant—Land Law Acts, 1881-1896--Fair rent—Buildings June 21, 22. erected by tenant in pursuance of covenant in lease—Reduction of rent in consequence—Arrears of rent paid by tenant on obtaining possession of holding—Percentage allowed to tenant in fixing fair rent. By lease, dated the 14th September, 1829, the lands of C. in the county of Armagh, containing 87 acres statute measure, were demised to M. for three lives, at the rent of £93. The lease contained a covenant that M. was to lay out a sum of money in the erection of a substantial dwellinghouse, to be built of stone and lime, and a covenant that on its completion the lessor would accept £70 a-year rent instead of £93. The house was built, and the landlord accepted the reduced rent. In the rental for 1881 the representatives of M. appeared as tenants of the holding ; but in that year a change was made, and J. W. Redmond was inserted as tenant of 59A. 2R. 16P., at the ent of £51 a-year, and G. Mears as tenant of 22A. 2R. 16r., at the rent of £23 9s. The rent having fallen into arrear, the landlord evicted the holding in 1881, and Redmond's portion was in the landlord's hands, the total amount of the arrears being £277 9s., down to September, 1881. It was then agreed that a letting should be made to Collen and Mears, provided they paid the arrears of rent. On the 3rd January, 1882, Mears paid £60 17s. 3d., and on the 17th March, 1882, Collen paid £216 13s., these two sums making together the total amount of the arrears. The names of Collen and Mears were then inserted on the rental, Collen as tenant of 48A. 2E. 11p. at 21s. an acre—£51, and Mears as tenant of 34A. 2R. 10r., at 20s. an acre-434 13s. The interest of Collen subsequently became vested in H., who served a notice to fix a fair rent : Held (1) (affirming the decision of the Land Commission), that the buildÂings must be presumed to have been erected in pursuance of the covenant in the lease, that they were the landlord's property, and that no deduction was to be made from the rent on account of them ; (2) (varying the order of the Land Commission), that no deduction was to be made from what would otherÂwise be the fair rent of the holding in consequence of the payment made by Collen when he became tenant. By lease dated the 14th September, 1829, Sir Capel Molyneux demised to Gabriel M‘Lean the lands of Cloghan, in the county (1) Before FITZ GIBBON, WALKER, and HOLMES, L.JJ. 1901—VoL. I. 2 L 442 THE IRISH REPORTS. [1901. Appea. of Armagh, containing 87A. 3R. 10P. statute measure for three 1901. lives, subject to the rent of £93. The lease contained a covenant TALB by the lessee, his heirs and assigns, "that he should within the LandlorOT d' ; HONEYFORD3 space of (1) years from the date of these presents lay out and. Tenant. expend the sum of on building on the lands demised a good and substantial house of lime and stone." It also contained a covenant against alienation or sub-letting without consent in writing of the lessor, and a covenant that the lessee should " within the space of from the date hereof enclose and ditch-in part of the said demised premises, and there implant forest trees, either ash, oak, fir, beech, or sycamore, and that he should and would during the continuance of the demise well and. sufficiently keep the said ditched and fenced in, and pre serve and keep the said forest trees from being destroyed, or from want of necessary care going to decay, and that he should and would ditch and quick-set all the out-bounds and fences of the said premises." The lease contained a covenant by the lessor that in case the tenant should within the period thereinbefore mentioned " expend the sum of in building on said. demised premises a stone and lime house," and also should. " within the space of from the date hereof enclose and ditch-in part of the said demised premises, and there im plant forest trees," that then the lessor would accept £70 5s. in lieu of the yearly rent of £93. The lessee built a substantial dwelling-house of stone, and also a gate-lodge and out-offices on the premises, to which the landÂlord contributed some building material. These buildings were stated to have cost £1200, and one of the Sub-Commissioners valued them at the time of his inspection at £750. There was no evidence as to when they were erected, but the landlord had allowed to the tenant the reduction in the rent for a long period of years. On the 20th :July, 1871, James McLean assigned the lands to John W. Redmond. In 1881 the holding was evicted for nonÂpayment of rent, the decree was executed on the 14th June ; the amount of arrears then due being £2031s. 3d., down to September, 1880. In September, 1881, another year's rent accrued, amounting (1) This and the other blanks occurred in the original instrument. VOL. I.] CHANCERY DIVISION. 443 to £74 9s., making together £277 9s. In 1881 the representatives Appeal. of M‘Lean appeared in the rental as tenants of the holding, but 1901. , the names of J. W. Redmond and George Mears were inserted in LandlorALBOTd ; their stead, and the holding was divided, 59A. 2R. 16p. being HONEYFORD, given to Redmond at the rent of £51 a-year, and 22A. 2R. 16r. Tenant. to Mears at the rent of £23 9s. After the eviction the lands were in the landlord's hands, and the lease expired shortly afterÂwards by the death of the last cestui quo vie. It was then agreed that a new letting should be made to Collen and Mears upon their paying off the arrears. On the 3rd January, 1882, there was paid £60 17s. 3d. by Mears, and on the 17th March, 1882, £21613s. by Collen, these two sums making...