50 / 216
42
The Gazette of the Incorporated Law Society of Ireland.
[JANUARY, 1922
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.
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.',
ALL communications connected with THE
GAZETTE (other than advertisements) should
be addressed to the Secretary of the Societv,
Solicitors' Buildings, Four Courts, Dublin.