The Gazette 1949-1952

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 F rancis J . G ea rty

E ric A . P lunkett

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

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