Harrisrange Ltd. v. Duncan [2002] IEHC 14 (25th January, 2002)

Harrisrange Ltd. v. Duncan [2002] IEHC 14 (25th January, 2002)

Section 28 of the Landlord and Tenant (Amendment) Act 1980 entitles the landlord only to the reserved rent during the period the tenant remains in occupation pending determination of an application for a new tenancy; no claim for mesne profits or higher market rent arises unless a new tenancy is granted. The...

Source-derived case information.

Citation
[2002] IEHC 14
Parties
Plaintiff: Harrisrange Limited; Defendant: Mr. Duncan
Jurisdiction
Ireland
Procedural Posture
Summary Summons / Motion for Liberty to Enter Final Judgment
Outcome
Plaintiff's claim for mesne rates above reserved rent dismissed; leave to defend refused on compensation for improvements; leave to counterclaim granted for wrongful re-entry, trespass, and breach of covenant for quiet enjoyment; leave to counterclaim for assault and battery refused.
Legal Topics
Mesne Profits, Statutory Tenancy, Compensation for Improvements, Compensation for Disturbance, Wrongful Re Entry, Set Off, Statutory Interpretation
Landlord and Tenant Law Property Law Mesne Profits Statutory Tenancy Compensation for Improvements Compensation for Disturbance Wrongful Re Entry Set Off +1 more

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Parties

Harrisrange Limited

Plaintiff

Mr. 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 when a tenant remains in occupation pending determination of an application for a new tenancy
  2. 2 Whether the defendant is liable for mesne rates or only the reserved rent during the period of continued occupation
  3. 3 Whether the defendant can claim compensation for improvements or disturbance after dismissal of such claims in prior proceedings

Ratio Decidendi

Section 28 of the Landlord and Tenant (Amendment) Act 1980 entitles the landlord only to the reserved rent during the period the tenant remains in occupation pending determination of an application for a new tenancy; no claim for mesne profits or higher market rent arises unless a new tenancy is granted. The landlord's claim for mesne rates above the reserved rent fails. The defendant is precluded from relitigating compensation for improvements or disturbance, as these claims were dismissed in prior proceedings. The defendant may pursue a counterclaim for wrongful re-entry, trespass, and breach of covenant for quiet enjoyment, but not for assault and battery, which is statute barred.

Court Disposition

Plaintiff's claim for mesne rates above reserved rent dismissed; leave to defend refused on compensation for improvements; leave to counterclaim granted for wrongful re-entry, trespass, and breach of covenant for quiet enjoyment; leave to counterclaim for assault and battery refused.

Orders

  • Plaintiff's claim for mesne rates above reserved rent dismissed
  • Leave to defend refused on compensation for improvements