The High Court set the annual rent for Michael Hemani’s tenancy at 52 O’Connell Street, Sligo, at €5,200 for the period from 16 May 2006 to the next rent review on 16 May 2016. The ruling was delivered by Mr Justice Michael White on 14 May 2015 in an appeal from a 2013 Circuit Court order.
The Circuit Court had set rent at €6,100 a year and ordered that Hemani receive 50% of his costs. Hemani appealed the rent, repair terms and costs decision. The High Court fixed the lease term at 17 years from 16 May 2006. It assigned responsibility for exterior repairs, including the roof and windows, to the landlord, Ulster Bank (Ireland) Limited, and responsibility for internal repairs to Hemani. It agreed with the Circuit Court’s repair order, while saying two clauses in the draft lease should be defined more strictly.
The court declined to interfere with the Circuit Court’s costs order. It deemed the rent review due in 2011 to have taken place and set the next review date as 16 May 2016. It also found there was no requirement for the landlord to install heating; phones, carpets and window security meshes were Hemani’s responsibility.
The judgment records that Hemani had an oral tenancy, with no written terms, and that substantial repairs followed a Fire Safety Notice served on the bank in July 2013. Hemani moved out during refurbishment under an undertaking given by the bank. The court considered a 14 November 2014 email from Sligo Fire Service sufficient to indicate that the premises were ready for occupation. It fixed 7 January 2015 as the date for Hemani to take possession again, after which the bank would no longer be liable for compensatory payments.
Hemani claimed €86,999 for damaged equipment and lost income. The court said it lacked jurisdiction over the €61,128 loss-of-income claim, but could consider the equipment damage claim. Those issues, any remaining lease terms and other matters relating to the bank’s undertaking were still outstanding, as were costs in the High Court. The judgment did not resolve those matters.