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Landlord not entitled to mesne profits where tenant was lawfully in possession pursuant to statute

By: Mark Tottenham BL

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High Court: (a) sets out principles applying to a claim for summary judgment; (b) dismisses claim by landlord for mesne profits, on the grounds that the tenant had been lawfully occupying the relevant premises pursuant to statute, and such a claim could only arise in a case of trespass; (c) dismisses a counterclaim by the tenant for compensation for disturbance where the matter had already been determined by other courts; and (d) dismisses a counterclaim by the tenant for, inter alia, assault and battery on the part of the landlord, on the grounds that it was both statute barred and that - if it were to proceed - it should do so independently of the claim by the landlord.

Landlord and tenant - 1977 lease - expiration of lease in 1997 - Notice of Intention to Claim Relief - section 20 of the Landlord and Tenant (Amendment) Act, 1980 - alternative claim of IR£3 million for disturbance - re-entry of property by landlord - Circuit Court proceedings seeking ejectment and counterclaim for new tenancy and compensation - grant of possession to landlord in Circuit Court - dismissal of counterclaim - claim for mesne rates - Order 37 of the Rules of the Superior Courts - application for liberty to enter final judgment - principles applying to application for summary judgment - interpretation of section 28 of the 1980 Act - doctrine of graft - entitlement to remain in occupation arising only from date of application to the Court - not where notice of intention had been served - intention of legislature - claim by tenant for compensation in the sum of £3 million - whether matter already disposed of - claim for trespass, assault and battery.

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.

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