Victor Weston (Eire) Ltd v Kenny

JurisdictionIreland
Judgment Date01 April 1954
Date01 April 1954
CourtHigh Court
Victor Weston (Eire) Limited v. Kenny
VICTOR WESTON (EIRE) LIMITED
Plaintiffs
and
KEVIN KENNY
Defendant.

Landlord and tenant - Business premises let to several tenants - Portions of premises retained by landlord - Liability of landlord in respect of portion so retained - Obligation to take reasonable care.

The plaintiff Company were tenants of the ground floor and basement of premises of which the defendant was the landlord. The remaining three floors of the premises were occupied by three business firms as tenants of the defendant. The hall door, hall, staircases and lavatories were not included in any of the leases or lettings of the premises to the business firms. Lavatories situated respectively on the first floor and the top floor each contained toilet accommodation, a wash-basin and a single cold water tap. For some time prior to the 22nd October, 1952, complaints were made to the defendant by the firm in occupation of the second floor and by a member of the staff of the firm in occupation of the top floor to the effect that flooding took place which was attributable to a defective tap and waste at the wash-basin in the top floor lavatory. On the night of the 22nd October, 1952, serious flooding occurred by reason of the tap having been left running, and considerable damage was caused to the plaintiff Company's stock. In an action for damages for negligence it was

Held by Davitt P. that an owner of premises who has let portions of his premises to tenants and who retains control over the remaining portions is bound to take reasonable care to prevent any part of the premises over which he retains control from becoming a source of danger or causing damage to his tenants, the adjoining occupiers.

Hargroves, Aronson and Co. v. Hartopp, [1905] 1 K. B. 472 and Cockburnv. Smith, [1924] 2 K. B. 119 approved and followed.

Witness Action.

The defendant, Kevin Kenny, was the owner of the premises, No. 66 Middle Abbey Street, Dublin. The premises comprised basement, ground floor, and three upper floors and were occupied by various tenants as business premises. The ground floor and basement were let to the plaintiff Company, Victor Weston (Eire) Limited; the first floor to Messrs. Brownlow and McMurtry; the second floor to the Globe Trust Company, Limited; and the top floor to Francis Blake. The hall door, hall, staircases and lavatories on the first and top floors were not included in any of the leases or lettings to the above business firms. Each of the lavatories contained a toilet, a hand-basin and a single tap. For a considerable time prior to the 22nd October, 1952, the hand-basin in the top floor lavatory had been in a defective condition; there was no plug, and the waste pipe became choked from time to time. Complaints about the condition of the hand basin and flooding caused by it on the stairs and landings were made prior to the 22nd October, 1952, to the defendant by both the Globe Trust Company and by a member of Mr. Blake's staff. In response to the latter complaint, a plumber, sent by the defendant, repaired the ball-cock in the cistern. On the night of the 22nd October, 1952, serious flooding occurred on the premises, caused by the tap in the hand-basin in the top floor lavatory having been left running so that the water overflowed from the basin. As a result of the flooding, considerable damage was caused to the plaintiff Company's stock. The plaintiff Company brought an action in the High Court for damage caused by the negligence of the defendant.

Cur. adv. vult.

Davitt P. :—

Mr. Kevin Kenny is owner of the two premises, 65 and 66 Middle Abbey Street, Dublin. He carries on his own business in number 65, and has let the several floors of number 66 to different tenants. Number 66 is the usual type of Dublin business premises. It comprises a shop upon the ground floor, with a basement underneath, which together constitute one unit. Entrance to the shop is effected through a door—a shop door—leading from the street; and to the basement by a stairs leading down from the shop. There is toilet and lavatory accommodation in the basement. The shop and basement were demised to the plaintiff company, Victor Weston, Ltd., by lease dated the 26th March, 1938, for a term of three years from the 12th January, 1938. After the expiration of the term, the lessees continued on as tenants from year to year upon the same terms and conditions as are contained in the lease; and an endorsement to this effect was made upon the lease on the 6th March, 1946. In the lease the premises are described as "all that and those the shop and basement of the premises number 66 Middle Abbey Street." There was a covenant by the lessees"to keep and maintain the interior of the said premises and the fixtures therein and the windows and window fittings thereof, excepting the skylight as hereinafter provided, in good and tenantable repair and condition." It was agreed that the skylight over the rear portion of the premises and all repairs thereto should be the responsibility of the lessor. Apart from this there was no agreement by the lessor to repair the exterior or any portion of the premises. In addition to the shop and basement let to Victor Weston, Ltd. the premises comprise three other storeys. Access to these is effected through a hall door leading from the street to a hall-way and staircase serving the three upper floors. The first and second floors were let by Mr. Kenny to Egan Film Service, Ltd. by lease dated the 30th May, 1946, for a term of seven years from the 18th March, 1946. The premises are therein described as "all that and those the two offices situate front and rear on the first floor, also the two offices situate front and rear on the second floor of the premises number 66 Middle Abbey Street." There was a double covenant to repair on the part of the lessees. They first covenanted to "well and substantially repair cleanse amend maintain and keep the said offices in good order repair and condition"; and further...

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6 cases
  • Leo Larkin and Others v Iqbal Joosub and Others
    • Ireland
    • High Court
    • 23 February 2006
    ...1868 LR 3 HL 330 DERELICT SITES ACT 1990 RSC O.50 r4 SHELLY-MORRIS v BUS ATHA CLIATH 2003 1 IR 232 VICTOR WESTON (ÉIRE) LTD v KENNY 1954 IR 191 GLENCAR EXPLORATIONS PLC v MAYO CO COUNCIL (NO 2) 2002 1 IR 84 2002 1 ILRM 481 LYNCH v BEALE UNREP HIGH COURT HAMILTON 23.11.1974 CIVIL LIABILI......
  • Scully v Boland
    • Ireland
    • High Court
    • 11 November 1962
    ...a duty to the plaintiff to take reasonable care that the water did not escape and cause damage. Victor Weston (Eire) Limited v. KennyIR [1954] I.R. 191 followed; 2, that the same duty was owed by any person having control of the water-closet, and; accordingly, was owed by the first-named de......
  • University College Cork v Electricity Supply Board (ESB)
    • Ireland
    • High Court
    • 5 October 2015
    ...obligation to take reasonable care to prevent premises from becoming dangerous and a nuisance. ( Victor Weston (Éire) Limited v. Kenny [1954] I.R. 191, Davitt P., 743 897. [14] Making or causing such noise as materially interferes with a neighbour's comfort constitutes an actionable nuisan......
  • Bowes v Dublin Corporation
    • Ireland
    • High Court
    • 15 November 1965
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