McIlvenny v McKeever
| Jurisdiction | Northern Ireland |
| Judgment Date | 01 January 1931 |
| Date | 01 January 1931 |
| Court | Court of Appeal (Northern Ireland) |
for breach of covenant -Waiver of forfeiture by acceptance of rent - Continuing Breach - Validity of Notice - Sufficiency of period allowed to have breach remedied - Merger - Intention - Relief against forfeiture - Conveyancing Act, 1881 (44 45 Vict. c. 41), s. 14 - Landlord and Tenant Act (Ireland), 1860 (23 24 Vict. c. 154), s. 43.
By lease of 8th October, 1913, certain premises in B. were demised as a spirit grocery with goodwill, fixtures, and licences, for the term of 9,997 years, at the yearly rent of £35. The lease contained covenants on the part of the lessee and his assigns inter alia to use the premises as a spirit grocery and beer retailer's establishment only, and at all times during the term to apply for an endeavour to procure a renewal of the necessary licences, and it also contained a clause of re-entry on breach of covenant. The lessee's interest in the lease was assigned to the plaintiff on 2nd November, 1915, and on 13th June, 1918, the lessor's interest also became vested in him. The defendant became possessed of the lessee's interest on 10th April, 1920. In January, 1924, the defendant was refused a renewal of the licence in connection with the premises under the provisions of the Northern Ireland Intoxicating Liquor Act, 1923, as he was carrying on another trade, grocery, in addition to his liquor trade on the premises. The liquor licence for the premises then lapsed, and owing to the provisions of the Intoxicating Liquor Act (Northern Ireland), 1923, it could not be renewed. On 3rd April, 1930, the plaintiff served a notice in writing on the defendant under s. 14 of the Conveyancing Act, 1881, complaining of breaches of the covenants contained in the lease, to keep the premises in good repair, to keep them insured in accordance with the covenant, to maintain them as a spirit grocer's and beer retailer's establishment, and to do the acts necessary to renew the spirit grocer's and beer retailer's licences. It was alleged in the notice that the licences had been allowed to lapse by the default and neglect of the defendant, to the great damage of the reversion expectant upon the lease. The notice required that within three weeks of its service, the breaches complained of should be remedied, and that reasonable compensation should be made to the plaintiff. On the 1st May, 1st August and 1st November following the service of the notice rent was paid to, and accepted by, the plaintiff. On 6th...
To continue reading
Request your trial
-
The Minister for Communications and Others v Figary Watersports Development Company Ltd
...(AMDT) ACT 1992 S4 CONVEYANCING & LAW OF PROPERTY ACT 1881 S14 WASTE MANAGEMENT ACT 1996 S4 EEC REG 1260/1999 ART 34 MCILVENNY v MCKEEVER 1931 NI 161 1931 65 ILTR 147 LANDLORD & TENANT LAW AMDT ACT IRL 1860 S52 MOFFAT v FRISBY & GOOD 2007 4 IR 572 2007/42/8729 2007 IEHC 140 GS FASHIONS LT......
-
Foley v Mangan
...LTD v DUBLIN WATERWORLD LTD UNREP GILLIGAN 21.3.2006 2006/10/1845 2006 IEHC 200 LAW OF PROPERTY ACT 1925 S146 (UK) MCILVENNY v MCKEEVER 1931 NI 161 1931 65 ILTR 147 MOFFAT v FRISBY & GOOD 2007 4 IR 572 2007/42/8729 2007 IEHC 140 JONES v CARTER 1846 15 M & W 718 153 ER 1040 GS FASHIONS LTD......
-
Hafeez v CPM Consulting Ltd
...Hafeez relies on the following passage from the decision of Andrews LJ for the Northern Ireland Court of Appeal in McIlvenny v McKeever [1931] NI 161 (172): ‘Dealing first with the defence of waiver, it is well recognised that Courts of law have always leant against forfeiture. (Per Lord Ma......
-
Campus and Stadium Ireland Development Ltd v Dublin Waterworld Ltd
...UNAVAILABLE) JONES v CARTER 1846 15 M & W 718 CONVEYANCING ACT 1881 S14(1) SILVESTER v OSTROWSKA 1959 3AER 642 MCILVENNY v MCGEEVER 1931 NI 161 PANNELL v CITY OF LONDON BREWERY CO 1900 1 CH 496 LOCK v PEARCE 1893 2 CH 271 BANK OF IRELAND v LADY LISA 1992 1 IR 404 G & S FASHIONS v B & Q 1995......