The Gazette 1921-25

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54 The Gazette of the Incorporated Law Society of Ireland. I MARCH, 1922
(3) The notices or documents to be lodged
with the Secretaries of County Councils
pursuant to the provisions of the said Public
Notice No. 1 should be in the nature of short
statements of fact, describing briefly, but
accurately, the main incidents in connection
with the claims and giving a detailed account
of the damages done.
Dated this llth day of February, 1922.
DlARMUID O llElGCEARTUIGH,
Secretary to the Provisional
Government.
City Hall, Dublin.
Calendar and Law Directory.
The Society's Calendar and Law Directory
for 1922 can be obtained in the Secretary's
Office. Price five shillings ; by post, five
shillings and sixpence.
Legal Decision.
COURT OF-APPEAL (ENGLAND).
(Before Bankes, n, and Younger,
' )
NEWELL v. CRAYFORD COTTAGE SOCIETY.
Feb. 13, 1922—Landlord and Tenant-
Weekly tenancy—Notice of intention to
raise rent—Necessity of notice to quit—
Increase of Rent Act, Sec. 3, Sub-Sec. 1.
Appeal of the defendant Society from
judgment of Divisional Court on appeal from
County Court.
The plaintiff was tenant to the defendants
of a house on a weekly tenancy at a rent,
prior to August, 1920, of nine shillings and
sixpence per week. On August 7 the
defendants gave the plaintiff notice of
intention to increase the rent by the sum of
one shilling and tenpence halfpenny per week
from September 6. It was not disputed that
the amount of the increase was permissible
itinder the Act. But the defendants did not
give the plaintiff any notice to quit either
before service of notice of increase or at all.
The plaintiff paid the increased rent from
September 6 till November 26, and sub
sequently pending the proceedings. He
brought this action in the County Court to
recover -£3 7s. 6d. for a period of 36 weeks,
on the ground that the increase was invalid
under Sec. 3, Sub-Sec. 1 of the Increase of
Rent Act, 1920, by reason of the defendant's
omission to serve a notice to quit determining
the tenancy. That Section provides that :
" Nothing in this Act shall be taken to
" authorise any increase of rent except in
" respect of a period during which but for
" this Act the landlord would be entitled to
" obtain possession." The County Court
Judge gave judgment for the plaintiff for the
amount claimed, and his decision was
affirmed by the Divisional Court. The
defendants appealed to the Court of Appeal.
The Court held that the Sub-Section meant
what it said, and that as the landlord of a
house let on a weekly tenancy could not be
" entitled to obtain possession " until after
the expiry of a notice to quit, the giving of
such a notice was a condition precedent to
the right of the landlord to claim an increase
of rent. They accordingly dismissed the
appeal.
(Reported Weekly Notes, Feb. 25, 1922.)
ALL communications connected with THE
GAZETTE (other than advertisements) should
be addressed to the Secretary of the Society.
Solicitors' Buildings, Four Courts, Dublin.