Harrisrange Ltd. v. Duncan [2002] IEHC 117 (25 January 2002)

Harrisrange Ltd. v. Duncan [2002] IEHC 117 (25 January 2002)

Section 28 of the Landlord and Tenant (Amendment) Act 1980 only obliges a tenant to pay the reserved rent during statutory occupation pending determination of a new tenancy application; no claim for mesne profits or market rent arises unless the tenant is a trespasser. The landlord's claim for mesne profits fails. The defendant's claim for compensation for improvements is res judicata, having been dismissed in prior proceedings. The defendant may pursue counterclaims for wrongful re-entry, trespass, and breach of quiet enjoyment, but not for assault and battery, which is statute-barred. No set-off is available.

Citation
[2002] IEHC 117
Parties
Plaintiff: Harrisrange Limited; Defendant: Michael Duncan
Jurisdiction
Ireland
Judgment Date
25 January 2002
Procedural Posture
Summary Summons / Motion for Liberty to Enter Final Judgment
Outcome
Plaintiff's claim for mesne profits dismissed; leave to defend refused on compensation for improvements; defendant permitted to counterclaim for wrongful re-entry, trespass, and breach of quiet enjoyment; counterclaim for assault and battery refused; no order for set-off.
Legal Topics
Mesne Profits, Statutory Interpretation, Compensation for Improvements, Wrongful Re Entry, Set Off, Summary Judgment Procedure
Landlord and Tenant Law Property Law Civil Procedure Mesne Profits Statutory Interpretation Compensation for Improvements Wrongful Re Entry Set Off +1 more

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Parties

Harrisrange Limited

Plaintiff

Michael Duncan

Defendant

Procedural Posture

Summary Summons / Motion for Liberty to Enter Final Judgment

Legal Issues

  1. 1 Whether section 28 of the Landlord and Tenant (Amendment) Act 1980 entitles a landlord to mesne profits above the reserved rent during a tenant's statutory occupation pending determination of a new tenancy application
  2. 2 Whether the defendant is entitled to compensation for improvements or disturbance
  3. 3 Whether the defendant can counterclaim for wrongful re-entry, trespass, breach of quiet enjoyment, and assault and battery

Ratio Decidendi

Section 28 of the Landlord and Tenant (Amendment) Act 1980 only obliges a tenant to pay the reserved rent during statutory occupation pending determination of a new tenancy application; no claim for mesne profits or market rent arises unless the tenant is a trespasser. The landlord's claim for mesne profits fails. The defendant's claim for compensation for improvements is res judicata, having been dismissed in prior proceedings. The defendant may pursue counterclaims for wrongful re-entry, trespass, and breach of quiet enjoyment, but not for assault and battery, which is statute-barred. No set-off is available.

Court Disposition

Plaintiff's claim for mesne profits dismissed; leave to defend refused on compensation for improvements; defendant permitted to counterclaim for wrongful re-entry, trespass, and breach of quiet enjoyment; counterclaim for assault and battery refused; no order for set-off.

Orders

  • Plaintiff's claim for mesne profits dismissed
  • Leave to defend refused on compensation for improvements