Wallace v Fogarty

• Jurisdiction: Ireland
• Court: Supreme Court (Irish Free State)
• Judgment Date: 01 January 1926
• Docket Number: (1925. No. 10,603.)
• Date: 01 January 1926

S. C.,

Wallace

and

Fogarty

Act limited to houses which have been let - Mortgage provisions of Act similarly limited - Mortgage of house not let -Mortgagor, owner in fee, in occupation - Mortgage not within Act - "House or part of a house let as a separate dwelling" - Increase of Rent and Mortgage Interest (Restrictions) Act, 1923 (No. 19 of 1923), s. 3 (1), (7) and (8); s. 9 (a).

Section 3 (7) of the Increase of Rent and Mortgage Interest (Restrictions) Act, 1923 (No. 19 of 1923), provides: "Subject to the provisions of this Act, this Act shall apply to every mortgage where the mortgaged property consists of or comprises one or more dwellinghouses to which this Act applies, or any interest therein . . . ":—Held by the Supreme Court, that the provisions of the Act relating to the restriction of rent only apply as between landlord and tenant, and consequently they are applicable only to a house which is let, and the provisions of the Act relating to mortgages are directed to the same subject-matter. Accordingly a mortgage of a house by an owner in fee in occupation thereof—the house not having been proved to have been at any time let—is not a mortgage to which the sub-section applies...