The Gazette 1921-25

The Gazette of the Incorporated Law Society of Ireland.

42

[JANUARY, 1922

In an action by plaintiff for 22 weeks' rent from 1st January, 1921, at £2 18s. 6d. per week, the defendant alleged (a) that the rate from 1st January, should be only £2 a week ; (b) that he was entitled to deduct the amount overpaid from July to December ; (c) that there were other deductions (not disputed) for rates and taxes ; and that on this basis plaintiff was indebted to him in the sum of £11 14s. fid. The County Court Judge gave judgment for defendant on claim and counterclaim. He held that the notice of increase served in July, 1920, was not a valid notice, no notice to quit having preceded or accom panied it, and that as the not ce of increase was thus invalid when given, no subsequent notice to quit could make the notice of increase already served valid. The Court, upon the findings of the County Court Judge, dismissed the appeal. (Reported T.L.R., November 18, 1921.',

Recent Legal Decision. KING'S BENCH DIVISION (ENGLAND). (Before Horridge arid Sherman, JJ.) Peizer v. Federman. Oct. 27, 1921.— Increase ofRent and Mortgage Interest (Restrictions) Act, 1920— Notice to increase rent—No notice to quit pre ceding or accompanying it—Notice to quit given later. This was an appeal from the Whitechapel County Court. The plaintiff was the landlord of a dwellinghouse of which the defendant was tenant on a verbal weekly tenancy at the standard rent of £2 per week. On July 12, 1920, plaintiff's agent served on defendant a notice to increase the rent by 6s. lOd. at expiry of one week, and by 18s. 6d. at the expiry of four weeks. According to the evidence of the agent he orally informed the defendant at the time of serving the notice " that if he did not pay the increases from the dates named, he would have to go out." The Judge found that this was not a valid notice to quit. The defendant paid the increased rent up to December, 1920. On 23rd December, 1920, a valid notice to quit was served by the plaintiff, but no fresh notice to increase rent. The defendant remained in possession, but paid no rent after December, 1920.

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