Thompson, Tenant; Cleland, Landlord

• Jurisdiction: Ireland
• Court: Land Commission (Ireland)
• Judgment Date: 14 January 1896
• Date: 14 January 1896

Thompson

Tenant

and

Cleland

Landlord (1).

Land Com.

CASES

DETERMINED BY

THE QUEEN'S BENCH AND EXCHEQUER DIVISIONS

OF

THE HIGH COURT OF JUSTICE IN IRELAND,

AND BY

THE IRISH LAND COMMISSION,

AND ON APPEAL THEREFROM IN

THE COURT OF APPEAL,

AND BY

THE COURT FOR CROWN CASES RESERVED.

1896.

Landlord and tenant — Tenancy from year to year — Subsequent agreement before 1881 that landlord might take up premises for building purposes — Letting for temporary convenience — Land Law (Ireland) Act, 1881 (44 & 45 Vict. c. 49), s. 58 (7).

In considering whether a holding was let for the temporary convenience or to meet a temporary necessity either of the landlord or tenant within section 58, sub-section 7, of the Land Law (Ireland) Act, 1881 (44 & 45 Vict. c. 49) regard must be had to what were the subsisting terms of the letting at the passing of the Act.

In January, 1871, the landlord of agricultural lands, held from him under a tenancy from year to year, and situate in a locality in which a demand had sprung up for sites for residences, made an agreement with the tenant by which the landlord was to be at liberty at any time, and without any formal notice, to take up possession of the lands, and to grant leases thereof for building or for any purpose whatsoever, except farming leases, the landlord making a reduction in the rent and a payment for taking possession. On an application by the tenant to have a fair rent fixed:—

Held, that regard should be had not only to the original terms of the contract of letting, but to the special terms introduced by the subsequent agreement; and, the Court being of opinion, under the circumstances, that at the time the Act of 1881 came into operation, the holding was let for the temporary convenience of the landlord:—

Held, that the originating notice should be dismissed.

This case, heard at Belfast, on the 19th December, 1895, was in the list for judgment. The facts and the questions involved will appear from the judgment of Bewley, J.

R. F. Harrison, for the tenant.

Hume, for the landlord.

Bewley, J.:—

The tenant's originating notice to fix a fair rent in this case

was dismissed by a Sub-Commission, on the ground that the holding was let for the temporary convenience of the landlord.

The holding, which contains 16a. statute measure, is held under a tenancy from year to year at the yearly rent of £7 17s. 4d., and is subject to certain special conditions to which I shall presently refer. The holding is situate near the...