Michael v Doody (Approved) [2026] IEHC 7 (12 January 2026)

Michael v Doody (Approved) [2026] IEHC 7 (12 January 2026)

The defendant is not entitled to retain possession as tenant; Angela Doody's tenancy was determined on her death and did not vest in her estate or in the defendant; no landlord and tenant relationship ever subsisted between the plaintiff and the defendant; no valid claim for a new tenancy is pending under the 1980 Act.

Citation
[2026] IEHC 7
Parties
Plaintiff: Phyllis Michael; Defendant: Norman Doody
Jurisdiction
Ireland
Judgment Date
12 January 2026
Procedural Posture
Circuit Appeal / Judgment
Outcome
Order for possession granted to plaintiff; defendant's appeal dismissed.
Legal Topics
Protected Tenancy, Succession of Tenancy, Statutory Interpretation, Order for Possession
Landlord and Tenant Property Law Residential Tenancies Protected Tenancy Succession of Tenancy Statutory Interpretation Order for Possession

Case Brief

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Parties

Phyllis Michael

Plaintiff

Norman Doody

Defendant

Procedural Posture

Circuit Appeal / Judgment

Legal Issues

  1. 1 Whether the defendant is entitled to retain possession of the premises as tenant after the death of Angela Doody
  2. 2 Whether a tenancy vested in the estate of Angela Doody or in the defendant
  3. 3 Whether the defendant can claim a new tenancy under the Landlord and Tenant (Amendment) Act 1980

Ratio Decidendi

The defendant is not entitled to retain possession as tenant; Angela Doody's tenancy was determined on her death and did not vest in her estate or in the defendant; no landlord and tenant relationship ever subsisted between the plaintiff and the defendant; no valid claim for a new tenancy is pending under the 1980 Act.

Court Disposition

Order for possession granted to plaintiff; defendant's appeal dismissed.

Orders

  • Order for possession of the premises in favour of the plaintiff.
  • No stay granted for the purpose of facilitating a claim under the 1980 Act.