Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
|
or click here to request site subscription to search and view all judgments |
High Court affirms the Circuit Court's decision allowing leaseholders to acquire the fee simple of a property, rejecting the landlord's claim that the leaseholders were ineligible under statute due to the absence of a building covenant in the original head lease. The Court found that the landlord's interpretation of the applicable Act did not align with the legislative intent, which aims to prevent abuses in commercial lease constructions rather than disenfranchise residential leaseholders who have complied with building covenants in their subleases.
Leaseholders, Fee Simple Acquisition, Landlord and Tenant (Ground Rents) (No.2) Act 1978, Supreme Court, Circuit Court, Interpretation Act 2005, Residential Property, Building Covenant, Sublease, Head Lease, Qualifying Lease, Statutory Interpretation, Enfranchising Legislation, Proportionality, Cork Property, Leasehold Interest.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
The only e-mail alert service for all Irish judgments over the past 13 years. Click here to request a subscription.
Register Now