McErlane v McGowan and Smith
Jurisdiction | Northern Ireland |
Judgment Date | 01 January 1944 |
Date | 01 January 1944 |
Court | Court of Appeal (Northern Ireland) |
Notice to quit to terminate on the first day of the week - Whether notice to quit terminating on a Monday valid - Tenant, renewal of whose Northern Ireland residence permit had been refused, went to Eire, leaving servant in occupation of dwelling-house - Whether tenant entitled to protection of Rent Acts - Rent and Mortgage Interest (Restrictions) Act (N.I.), 1940 (4 Geo. 6, Ch. 7).
McG. was the tenant of a dwelling-house and cafe in Belfast under a tenancy agreement which provided for the termination of the tenancy by one week's notice to quit, ending on the first day of the week. He was an Englishman, and on the introduction of residence permits he applied for and obtained one. On the expiration of this permit he applied for a new one and the application was refused. McG., leaving the second defendant S., in occupation of the premises as manager, went to Dublin, but with the intention of returning as soon as he could obtain a permit or the regulations would be withdrawn. McE. then served notice to quit, addressed to McG., on the defendant S., which notice terminated on a...
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