Rainey Brothers Ltd v Kearney
| Jurisdiction | Northern Ireland |
| Judgment Date | 01 January 1990 |
| Date | 01 January 1990 |
| Court | Court of Appeal (Northern Ireland) |
- Breach - Rent - Lease terminated - Landlord relet premises at a lower rent - Whether loss on rental after termination of lease recoverable as damages.
Under a lease dated 12 October, 1981, the respondent demised to Hairite Ltd. premises at Port Road, Letterkenny, Co. Donegal, for a term of twenty years from 1 May, 1981, at an annual rent of £4,160. The lease contained a normal proviso for re-entry for non-payment of rent or for breach of covenant by the lessee and stated further that upon re-entry the "demise should be absolutely determined but without prejudice to any claim by the Lessor in respect of any antecedent breach of any covenant . . .". On 9 December 1982, Hairite Ltd. assigned the premises to Morris Wilson for the residue of the term subject to the rents and covenants contained in the lease. Mr. Wilson died on 8 August, 1985, and the appellant became his personal representative. No rent was paid from 1 July, 1985, onwards and the respondent re-entered the premises on 19 May, 1986, and determined the lease. The respondent subsequently relet the premises but at an annual rent which was IR£1,340 less than the rent which had been payable under the original lease. The...
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