Verbenagrove Ltd v Evans and Anor (Approved) [2026] IEHC 124 (04 March 2026)

Verbenagrove Ltd v Evans and Anor (Approved) [2026] IEHC 124 (04 March 2026)

A landlord cannot lawfully terminate a tenant's statutory occupation under section 28 of the Landlord and Tenant (Amendment) Act 1980 by unilateral physical re-entry or reliance on a right of re-entry in an expired lease; only a court order, granted in exceptional circumstances, can terminate statutory occupation. The events of August 2023 did not terminate the tenant's statutory occupation, and the tenant remains entitled to a new tenancy.

Citation
[2026] IEHC 124
Parties
Plaintiff/tenant: Verbenagrove Ltd; Defendant/landlord: Simon Evans; Defendant/landlord: Maureen Griffin
Jurisdiction
Ireland
Judgment Date
04 March 2026
Procedural Posture
Circuit Appeal (landlord and Tenant) / High Court Appeal From Circuit Court, Judgment on First Module (forfeiture/re Entry)
Outcome
Appeal dismissed; landlord's purported re-entry and forfeiture invalid; tenant's statutory occupation not terminated; tenant remains entitled to a new tenancy.
Legal Topics
Statutory Occupation Under Landlord and Tenant (amendment) Act 1980, Right of Re Entry After Lease Expiry, Forfeiture of Tenancy, Relief Against Forfeiture, Service of Forfeiture Notice, Costs in Litigation
Landlord and Tenant Law Property Law Civil Procedure Statutory Occupation Under Landlord and Tenant (amendment) Act 1980 Right of Re Entry After Lease Expiry Forfeiture of Tenancy Relief Against Forfeiture Service of Forfeiture Notice +1 more

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Parties

Verbenagrove Ltd

Plaintiff/tenant

Simon Evans

Defendant/landlord

Maureen Griffin

Defendant/landlord

Procedural Posture

Circuit Appeal (landlord and Tenant) / High Court Appeal From Circuit Court, Judgment on First Module (forfeiture/re Entry)

Legal Issues

  1. 1 Whether a landlord can lawfully take possession of premises occupied under statutory occupation pending a new tenancy application, without a court order, by relying on a right of re-entry in an expired lease
  2. 2 Whether the taking of possession or termination of statutory occupation disentitles the tenant to a new tenancy
  3. 3 Consequences of landlord's failure to appeal the Circuit Court's order fixing terms of new tenancy

Ratio Decidendi

A landlord cannot lawfully terminate a tenant's statutory occupation under section 28 of the Landlord and Tenant (Amendment) Act 1980 by unilateral physical re-entry or reliance on a right of re-entry in an expired lease; only a court order, granted in exceptional circumstances, can terminate statutory occupation. The events of August 2023 did not terminate the tenant's statutory occupation, and the tenant remains entitled to a new tenancy.

Court Disposition

Appeal dismissed; landlord's purported re-entry and forfeiture invalid; tenant's statutory occupation not terminated; tenant remains entitled to a new tenancy.

Orders

  • Leave to amend defence granted to delete reference to forfeiture and termination of tenancy.
  • Tenant relieved from requirement to serve amended reply.