Foley & Anor -v- Mangan [2009] IEHC 404 (24 August 2009)

Foley & Anor -v- Mangan [2009] IEHC 404 (24 August 2009)

The plaintiffs failed to establish any arrears of rent or breach of the rent payment obligation at the time of the forfeiture notice or initiation of proceedings. While the defendant was in breach of clause 7 (waste/pollution), the breach was not remedied within a reasonable time after notice, but the plaintiffs are not entitled to forfeiture for non-payment of rent. The forfeiture notice was adequate for clause 7, but not for clause 9 (insurance). Relief against forfeiture is not addressed as forfeiture for rent is not established.

Citation
[2009] IEHC 404
Parties
Plaintiff: Patrick Foley; Plaintiff: Liam Foley; Defendant: Simon Mangan
Jurisdiction
Ireland
Judgment Date
24 August 2009
Procedural Posture
Plenary Proceedings / High Court Judgment
Outcome
Plaintiffs' claim for forfeiture and possession dismissed
Legal Topics
Forfeiture of Lease, Breach of Covenant, Relief Against Forfeiture, Notice Requirements, Waste and Nuisance, Rent Payment Obligations
Property Law Landlord and Tenant Law Contract Law Forfeiture of Lease Breach of Covenant Relief Against Forfeiture Notice Requirements Waste and Nuisance +1 more

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Parties

Patrick Foley

Plaintiff

Liam Foley

Plaintiff

Simon Mangan

Defendant

Procedural Posture

Plenary Proceedings / High Court Judgment

Legal Issues

  1. 1 Whether the defendant defaulted in payment of rent under the lease so as to entitle the plaintiffs to re-enter and forfeit the lease
  2. 2 Whether there was a breach of clause 7 (waste/nuisance) or clause 9 (insurance) of the lease prior to the forfeiture notice
  3. 3 Whether the forfeiture notice complied with statutory requirements under s.14 of the Conveyancing Act 1881

Ratio Decidendi

The plaintiffs failed to establish any arrears of rent or breach of the rent payment obligation at the time of the forfeiture notice or initiation of proceedings. While the defendant was in breach of clause 7 (waste/pollution), the breach was not remedied within a reasonable time after notice, but the plaintiffs are not entitled to forfeiture for non-payment of rent. The forfeiture notice was adequate for clause 7, but not for clause 9 (insurance). Relief against forfeiture is not addressed as forfeiture for rent is not established.

Court Disposition

Plaintiffs' claim for forfeiture and possession dismissed

Orders

  • Plaintiffs' claim for forfeiture of the lease is dismissed
  • Plaintiffs' claim for possession of the lands is dismissed