Walsh v Byrne

JurisdictionIreland
CourtCircuit Court
Judgment Date01 January 1940
(Cir. Ct.),
Walsh
and
Byrne

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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1 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. ByrneDIJR [1940] Ir. Jur. Rep. 13 followed; Foley v. GalvinIR[1932] I. R. 339 considered. Murnaghan J.:— The following facts were established to my satisfaction either by a......

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