Moffat v. Frisby & Anor [2007] IEHC 140 (20 March 2007)

Moffat v. Frisby & Anor [2007] IEHC 140 (20 March 2007)

A lessor who has served a forfeiture notice and commenced proceedings to enforce forfeiture is not entitled to invoke the rent review procedure in the lease or seek to have an arbitrator appointed for rent review until the issue of relief against forfeiture is determined. Any such invocation during the pendency of forfeiture proceedings is a nullity.

Citation
[2007] IEHC 140
Parties
Plaintiff: Andrew Moffat; First Defendant: Noel Frisby; Second Defendant: Paul Good
Jurisdiction
Ireland
Judgment Date
20 March 2007
Procedural Posture
Special Summons / Final Judgment
Outcome
Plaintiff's claim granted
Legal Topics
Forfeiture of Lease, Rent Review, Relief Against Forfeiture, Appointment of Arbitrator
Landlord and Tenant Arbitration Forfeiture of Lease Rent Review Relief Against Forfeiture Appointment of Arbitrator

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 2 Authorities cited 10 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Andrew Moffat

Plaintiff

Noel Frisby

First Defendant

Paul Good

Second Defendant

Procedural Posture

Special Summons / Final Judgment

Legal Issues

  1. 1 Whether a lessor who has elected for forfeiture can invoke the rent review clause in the lease while proceedings for relief against forfeiture are pending.
  2. 2 Whether the appointment of an arbitrator to determine revised rent was valid when the lessor had already sought to forfeit the lease.

Ratio Decidendi

A lessor who has served a forfeiture notice and commenced proceedings to enforce forfeiture is not entitled to invoke the rent review procedure in the lease or seek to have an arbitrator appointed for rent review until the issue of relief against forfeiture is determined. Any such invocation during the pendency of forfeiture proceedings is a nullity.

Court Disposition

Plaintiff's claim granted

Orders

  • Declaration that the appointment of the second defendant as arbitrator was null and void.
  • Injunction restraining the first defendant from making further application to the Society in respect of Unit No. 22C pending the trial of the relevant Circuit Court proceedings.