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Carrigan v McGregor

Irish Law Times Reports (Digests) Cited in Precedent Map Related
Vincent
JurisdictionNorthern Ireland
Judgment Date01 January 1949
Date01 January 1949
CourtKing's Bench Division (Northern Ireland)
(K.B.D., N.I.)
Carrigan
and
McGregor

Illegal letting - Whether Rent Restrictions (Defective Tenancies) Act, 1944, validated a letting illegal under the Irish Land Act, 1925, or merely protected the premises - Whether reasonable to make order for possession under Rent and Mortgage Interest Restrictions Act, 1940.

The plaintiff purported to let a dwellinghouse on his farm to the defendant for a period of three years. This letting was void by virtue of s. 30 of the Irish Land Act, 1925. If the Rent Restrictions (Defective Tenancies) Act, 1944, validated the letting the ejectment would fail as the term had not expired when proceedings were commenced. Held, The Rent Restrictions (Defective Tenancies) Act, 1944, did not validate the lease, but merely protected the premises. The plaintiff was...

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