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Vol. 44
No. 10
April,
1951
THE GAZETTE
of the
INCORPORATED LAW SOC IETY OF IRELAND
President
R
oger
G
reene
Vice-Presidents
Secretary
N
ia ll
S. G
affn ey
E
ric
A . P
lunkett
F
rancis
J . G
ea rty
FOR CIRCULATION AMONG MEMBERS
MEETINGS OF THE COUNCIL
M
arch
15TH.
The President in the Chair. Also
present: Messrs. Niall S. Gaffney and Francis J.
Gearty, Vice-Presidents ; Joseph Barrett, Joseph P.
Tyrrell, Thomas A. O’Reilly, Christopher E. Callan,
James R. Quirke, Daniel O ’Connell, Derrick M.
Martin, William S. Huggard, Patrick R. Boyd, John
J. Nash, William J. Norman, James J. O ’Connor,
John Carrigan, Gerald J. O’Donnell, Henry St. J.
Blake, John J. Sheil, Desmond R. Counahan,
Reginald J. Nolan, Arthur Cox, John R. Halpin,
Dermot P. Shaw, Patrick F. O’Reilly.
The following was among the business trans
acted :—
Rents and Leaseholds Commission
A draft Memorandum o f the evidence o f the
Society proposed to be tendered to the Commission
was considered and adopted, subject to a number of
minor amendments.
Renewal Lease. Costs
The Council was asked to express an opinion on
the following facts :—
A tenant, being entitled to a renewal lease under
Part 3 o f the Landlord and Tenant Act, 1931,
served on his landlord the usual notice under the
Act claiming relief. The landlord admitted the
claim and, after negotiations, the parties agreed on
the amount o f the rent to be reserved in the renewal
lease. The tenant contended that the case does not
differ in principle from a renewal lease in pursuance
o f a covenant in the original lease and that Opinion
No. 33 o f the Council printed at page 482 o f the
1950 edition o f the Society’s Calendar and Law
Directory applied, and that accordingly it was the
right o f the tenant’s solicitor to prepare the renewal
lease, the costs being chargeable under the old
system as modified by Schedule 2. The landlord
contended that his solicitor should prepare, stamp
and register the renewal lease and counterpart, and
that the costs on the commission scale should be
paid by the lessee.
The Council held that Opinion No. 33 referred
to is limited to a renewal lease granted in pursuance
o f a covenant in the original lease and does not
apply to a statutory lease granted to the lessee in
accordance with his rights under the Landlord and
7 i