The Gazette 1921-25

I MARCH, 1922

The Gazette of the Incorporated Law Society of Ireland.

54

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.)

(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, Scrutton, and Younger, ' L.JJ.) 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

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