Fenlon v. Keogh [1997] IEHC 203 (10th February, 1997)

Fenlon v. Keogh [1997] IEHC 203 (10th February, 1997)

The tenant's obligation under the lease was to reinstate the building after destruction by fire. The new building, though improved and different, was erected in pursuance of this obligation and with the landlord's approval. Section 9(4) of the 1978 Act applies, deeming the building to be the property of the lessor. Therefore, the tenant is not entitled to a reversionary lease but is entitled to an ordinary renewal of his lease for 35 years.

Citation
[1997] IEHC 203
Parties
Tenant/applicant: Michael Fenlon; Landlord/respondent: Anna Keogh (Per Rep of Anna Keogh)
Jurisdiction
Ireland
Procedural Posture
Landlord and Tenant Dispute / High Court Judgment
Outcome
Tenant not entitled to a reversionary lease; entitled to ordinary renewal of lease for 35 years.
Legal Topics
Reversionary Lease, Renewal of Lease, Obligation to Reinstate, Ground Rents Acts
Property Law Landlord and Tenant Law Reversionary Lease Renewal of Lease Obligation to Reinstate Ground Rents Acts

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Parties

Michael Fenlon

Tenant/applicant

Anna Keogh (Per Rep of Anna Keogh)

Landlord/respondent

Procedural Posture

Landlord and Tenant Dispute / High Court Judgment

Legal Issues

  1. 1 Whether the tenant is entitled to a reversionary lease under the Landlord and Tenant (Ground Rents)(No 2) Act, 1978, after reinstating premises destroyed by fire
  2. 2 Whether the new building erected by the tenant is deemed to be the property of the lessor under s 9(4) of the 1978 Act

Ratio Decidendi

The tenant's obligation under the lease was to reinstate the building after destruction by fire. The new building, though improved and different, was erected in pursuance of this obligation and with the landlord's approval. Section 9(4) of the 1978 Act applies, deeming the building to be the property of the lessor. Therefore, the tenant is not entitled to a reversionary lease but is entitled to an ordinary renewal of his lease for 35 years.

Court Disposition

Tenant not entitled to a reversionary lease; entitled to ordinary renewal of lease for 35 years.

Orders

  • Tenant granted ordinary renewal of lease for 35 years.
  • No entitlement to reversionary lease.