The High Court has dismissed proceedings by a property company seeking possession of The Long Stone Pub in Dublin, ruling that it lacked jurisdiction to hear the dispute while the tenant’s claim for a new tenancy was before the Circuit Court.
Mr Justice Max Barrett delivered the judgment on 23 November 2017. He said the Landlord and Tenant (Amendment) Act 1980 gave the Circuit Court exclusive jurisdiction to determine claims for a new tenancy. The proceedings were dismissed for want of jurisdiction, and the court did not decide the underlying dispute between the landlord and tenant.
The undisputed facts set out in the judgment were that Noel Murray occupied the Townsend Street premises under a five-year lease dated 5 October 2012, which expired on 4 October 2017. He had operated a public house there and complied with the lease covenants, including paying the agreed rent. Before the lease expired, he served a notice seeking a new tenancy or, alternatively, compensation for disturbance. His Circuit Court claim had not yet been determined.
Cuprum Properties Limited, acting through its joint receivers and managers, opposed the claim. It relied on a deed of renunciation signed by Mr Murray before the lease, which purported to waive an entitlement to a new tenancy. The company described his claim as “spurious” and argued that it was intended to delay redevelopment. The High Court made no finding on the deed’s effect or on whether Mr Murray qualified for a new tenancy.
The company’s High Court case sought possession and other relief, including declarations concerning the deed and the tenant’s claim. Mr Murray brought a preliminary motion seeking dismissal, including on jurisdictional grounds. The judgment records that the Circuit Court proceedings were commenced on 2 November 2017.
Mr Justice Barrett said Mr Murray was protected by section 28 of the 1980 Act, which allowed him to remain in occupation pending determination of his application. Since the lease and the status of the premises as a statutory “tenement” were not in dispute, the judge said the Supreme Court decision in Kenny Homes & Co Ltd v Leonard required the High Court proceedings to be dismissed. He rejected the argument that urgency or the Commercial Court could provide a route around that jurisdictional limit.
The court granted the jurisdictional relief sought by Mr Murray. It did not consider his alternative grounds for dismissal and left costs for a later hearing. The Circuit Court’s decision on the new-tenancy claim remained outstanding.