A High Court appeal brought by FLAC on behalf of a consumer clarified the rights of tenants in the event of termination of consumer leases. The judgment of High Court Justice Michael Hanna on Wednesday, July 27, 2011 states that when a consumer wishes to terminate or terminate a lease, a financial company cannot insist on paying arrears or paying a deficit before accepting the return of goods. You can also download the verdict on the left and also read the flaC press release on the case. FLAC has published a fact sheet containing important information on the termination of an HP agreement. “The addition of the debt relief condition would, in my view, be an effective change in the legislation, which neither the respondent nor the Court of Justice is entitled to make. If Oireachtas` intention had been to make the termination of a lease conditional on the performance of the debts, she would have said so. AND CONSIDÉRANT that the tenant asked the company to rent the machines and equipment mentioned to allow the tenant to manufacture … with an option for the tenant to buy the same thing. 26.

With respect to the exercise of the option and the payment of the price of the machinery and equipment and other funds covered in point 25, the sale of these machines and equipment to the tenant is considered to be completed, as the option comes into effect on the effective date of the option. Until then, however, the company will remain the owner. However, if the tenant does not pay the amount owed and to pay to the company, as it is payable on the date the option takes effect, that contract is terminated and the tenant will immediately return the machinery and equipment to the company in good working condition. The issue of the appeal dealt with the question (1) of whether the financier was the true owner of the vehicle under a lease agreement and, if so, whether there could be an obstacle to the financier in expropriating the vehicle if the tenant does not pay a staggered payment within the meaning of the lease-sale agreement. (2) If the correct notification of the tenant is necessary to the withdrawal of a vehicle subject to a rental agreement and, if so, this is the consequence of the non-notification of notification 6.