Tyson v.Holmes

JurisdictionIreland
Judgment Date01 January 1941
Date01 January 1941
CourtCircuit Court
(Cir. Ct.),
Tyson
and
Holmes

Covenant to pay rent "free of all rates and taxes" - No express covenant to pay rates or taxes - Primary liability of tenant not displaced.

Where a lease provided that the lessee should "yield and pay the yearly rent of £50 free of all rates and taxes,"but contained no express covenant by either the lessor or the lessee to pay such rates and taxes, the Court held that the term "free of all rates and taxes" should be interpreted from the landlord's point of view, and, notwithstanding that the original lessor had during his lifetime allowed the lessee to deduct from the rent the amount of the rates paid by him, that the effect of s. 42 of Deasy's Act, 1860, and of ss. 63...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT