Walsh v Byrne

CourtCircuit Court
Judgment Date01 January 1940
Date01 January 1940
(Cir. Ct.),

Sub-tenants - Occupation not personal - Occupation by dependant children - Scope of Acts.

Protection from ejectment from premises may be afforded under the Rent Restrictions Acts to a person who is not in actual occupation of the premises if other persons who are dependants upon him are in such occupation. The tenant of a house made lawful sub-lettings of certain rooms therein. In an action of ejectment against him the sub-tenants relied on the Rent Restrictions Acts. Held, that the protection of the Acts extended to the interests of two sub-tenants who were not personally in occupation, but certain dependants of whom, namely (a)...

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2 cases
  • McCabe v McGonigle
    • Ireland
    • High Court
    • 11 November 1956
    ...withholding consent to the assignment of the statutory tenancy to Mrs. O'C. was, accordingly, not considered. Walsh v. Byrne [1940] Ir. Jur. Rep. 13 followed; Foley v. Galvin[1932] I. R. 339 considered. Murnaghan J.:— The following facts were established to my satisfaction either by admissi......
  • Jordan and Another v O'Brien
    • Ireland
    • Supreme Court
    • 1 January 1961
    ...(1) Before Lavery , Kingsmill Moore and Maguire JJ. (1) [1954] I. R. 183. (2) [1949] Ir. Jur. Rep. 17. (3) [1950] 2 K. B. 204. (4) [1940] Ir. Jur. Rep. 13. (5) [1939] Ir. Jur. Rep. 90. (6) 72 I. L. T. R. 65. (7) [1949] Ir. Jur. Rep. 18. (8) 143 L. T. 333. (1) [1954] I. R. 183. (2) [1951] 1 ......

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