Prime GP2 Limited v Technological University Dublin (Approved) [2021] IEHC 88 (09 February 2021)

Prime GP2 Limited v Technological University Dublin (Approved) [2021] IEHC 88 (09 February 2021)

The two plots are held under separate leases; plot A under the 1952 lease and plot C under the 1978 lease. The fire escape on plot C does not constitute a permanent building within the meaning of the Act, so TUD cannot acquire the fee simple in plot C. The statutory notice served was sufficient for both plots, and the late argument regarding subsidiary/ancillary land under the 1952 lease was inadmissible.

Citation
[2021] IEHC 88
Parties
Appellant/defendant: Prime GP2 Limited; Respondent/plaintiff: Technological University Dublin
Jurisdiction
Ireland
Judgment Date
09 February 2021
Procedural Posture
Appeal / High Court Judgment
Outcome
Application to acquire fee simple granted for plot A (1952 lease); refused for plot C (1978 lease).
Legal Topics
Ground Rents, Acquisition of Fee Simple, Lease Interpretation, Statutory Notice Requirements
Property Law Landlord and Tenant Ground Rents Acquisition of Fee Simple Lease Interpretation Statutory Notice Requirements

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 9 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Prime GP2 Limited

Appellant/defendant

Technological University Dublin

Respondent/plaintiff

Procedural Posture

Appeal / High Court Judgment

Legal Issues

  1. 1 Whether TUD is entitled to acquire the fee simple in two plots under the Landlord and Tenant (Ground Rents) Acts
  2. 2 Whether the two plots are held under one lease or two separate leases
  3. 3 Whether the requirements of s.9 and s.10 of the 1978 Act are satisfied for each plot

Ratio Decidendi

The two plots are held under separate leases; plot A under the 1952 lease and plot C under the 1978 lease. The fire escape on plot C does not constitute a permanent building within the meaning of the Act, so TUD cannot acquire the fee simple in plot C. The statutory notice served was sufficient for both plots, and the late argument regarding subsidiary/ancillary land under the 1952 lease was inadmissible.

Court Disposition

Application to acquire fee simple granted for plot A (1952 lease); refused for plot C (1978 lease).

Orders

  • TUD entitled to acquire fee simple in plot A for €8,150.
  • TUD not entitled to acquire fee simple in plot C.