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Occupants failed to establish lease or purchase option concerning property
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The Court of Appeal upheld the High Court's decision ordering the appellants to vacate a property, affirming the property owner's entitlement to an injunction against trespass. The appellants, claiming to be tenants under a lease with a purchase option from the previous owner, were unable to demonstrate a serious issue to be tried regarding their alleged entitlement to occupy the property. The court found no evidence of consent from the mortgagee for the lease, and the respondent, having become the registered owner, was entitled to possession. The original High Court decision had granted the property owner's application for possession, which the appellants contested on several grounds, including the existence of a lis pendens and alleged non-disclosure of material facts, all of which were dismissed by the Court of Appeal.
Court of Appeal, property possession, injunction against trespass, lease validity, purchase option agreement, mortgagee consent, lis pendens, non-disclosure, statutory power of leasing, Conveyancing Act 1881, Residential Tenancies Act 2004, negative pledge clause, registered owner, interlocutory injunction, trespass, mandatory injunction, Keating & Company Ltd v Jervis Shopping Centre Ltd, Patel v. WH Smith, American Cyanamid Co. v. Ethicon Ltd, Clare County Council v McDonagh, Maha Lingham v HSE, Start Mortgages v. Kavanagh, Conveyancing Act 1911, Langan v Tailte Eireann, Bambrick v. Cobley, Kennedy v O’Kelly, AIB v. Richard Fitzgerald, Shay Murtagh Ltd v Cooke, In Re O'Rourke's Estate, Registration of Title Act 1964.
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