(Kings Bench Division – Ireland) Dodd J said: ‘The rent, according to the authorities I have cited, is divisible. There is absolutely no evidence and no presumption upon which to found an inference that she holds an undivided share in the lands jointly or as tenant in common, in the ordinary sense of the term, with others. In one sense, of course, it may be contended that a number of tenants, each holding a divided portion and each contributing to the entire rent, are tenants in common . . But the authorities recognize a divided share, and the inference here is overwhelming that it is a divided share that the defendant holds.’
Judges:
Dodd J
Citations:
[1914] 2 Ir R 411
Cited by:
Appeal from – Dooner v Odlum 2-Jan-1914
(Court of Appeal – Ireland) The court affirmed the decision in the King’s Bench.
Cherry LCJ said: ‘The law is, I think, well settled that where a lessee of demised premises assigns portion of these premises to a stranger, the assignee is liable . .
Considered – United Dairies Ltd v Public Trustee 1922
Greer J discussed the effect in law of the division and assignment of a tenanted property: ‘Where the leased property has been physically divided amongst two or more assignees it is clear that the obligations of the lease, so far as they affect the . .
Cited – Smith and Another v Jafton Properties Ltd CA 2-Nov-2011
The landlord challenged the right of the tenants to acquire the freehold. Lessees had been subdivided the apartments and then, without the landlord’s consent, assigned them. The new arrangement had increased the number of qualifying tenancies so as . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 04 May 2022; Ref: scu.448991