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Tenant refused injunction to regain offices after failure to pay rent
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The High Court refused an application by a tenant company for an interlocutory injunction requiring joint receivers to return possession of three office properties following re-entry for non-payment of rent totalling over €3 million. The court found that the leases, executed by the same individual for both landlord and tenant, clearly set out the rent due and rejected the tenant’s novel arguments—including claims that 'rent equals interest', alleged unconscionable pressure to increase rent, insufficient notice of repossession, and misappropriation of business by the receivers—as lacking credible evidence or legal merit. The court held that there was no fair issue to be tried, and in any event, the balance of justice weighed heavily against granting the injunction, especially since the tenant failed to offer full payment of the arrears or a commitment to meet future rent, and had a precarious financial position. The relief sought was also mandatory, which the tenant had not established a strong case to justify.
interlocutory injunction – forfeiture of lease – commercial landlord and tenant – rent arrears – joint receivers – peaceable re-entry – mandatory injunction – balance of justice – adequacy of damages – variation of lease – business misappropriation claim – relief sought: repossession of property – cause of action: failure to pay rent – Rules of the Superior Courts (RSC)
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