Edward Lee & Co (1974) Ltd -v- N1 Property Developments Ltd [2013] IEHC 162 (12 March 2013)

Edward Lee & Co (1974) Ltd -v- N1 Property Developments Ltd [2013] IEHC 162 (12 March 2013)

Overholding by the plaintiff tenant did not create a new tenancy from year to year; landlord is entitled to mesne rates calculated at open market rent for two years plus six months' notice, with additional charges, less sums already paid.

Citation
[2013] IEHC 162
Parties
Plaintiff: Edward Lee & Co (1974) Ltd; Defendant: N1 Property Developments Ltd
Jurisdiction
Ireland
Judgment Date
12 March 2013
Procedural Posture
Commercial / Post Trial Judgment
Outcome
Decree in favour of defendant landlord for mesne rates and charges.
Legal Topics
Overholding, Mesne Rates, Lease Extension, Notice Requirements, Relief in Equity
Property Law Landlord and Tenant Law Equity Overholding Mesne Rates Lease Extension Notice Requirements Relief in Equity

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Parties

Edward Lee & Co (1974) Ltd

Plaintiff

N1 Property Developments Ltd

Defendant

Procedural Posture

Commercial / Post Trial Judgment

Legal Issues

  1. 1 Whether overholding by tenant created a new tenancy from year to year
  2. 2 Entitlement of landlord to mesne rates for period of overholding
  3. 3 Appropriate calculation of mesne rates and charges

Ratio Decidendi

Overholding by the plaintiff tenant did not create a new tenancy from year to year; landlord is entitled to mesne rates calculated at open market rent for two years plus six months' notice, with additional charges, less sums already paid.

Court Disposition

Decree in favour of defendant landlord for mesne rates and charges.

Orders

  • Plaintiff tenant to pay €358,447 to defendant landlord, set off against prior payment of €485,417.90.
  • Rent, service charge, insurance, and promotional levy payable for two years and six months' notice period.