Consultation Paper on the General Law of the Landlord and Tenant

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INTRODUCTION1. This is the second <strong>Consultation</strong> <strong>Paper</strong> to be published by theLaw Reform Commission arising out of the deliberations of theLandlord and Tenant Working Group. The first, on BusinessTenancies (LRC CP 21–2003), was published in March 2003. Unlikethat <strong>Paper</strong>, which concentrated on a discrete area of the law, this<strong>Paper</strong> deals with the general law relating to the relationship oflandlord and tenant. This law applies to all categories of therelationship, whether residential, business or agricultural. Much ofthis law is based on the common law, as developed by centuries ofjudicial decisions, 1 but it is important to note that there is muchlegislation of general application which has been superimposed on thecommon law. The most striking example of such legislation is thestatute universally known as “Deasy’s Act”, 2 namely, the Landlordand Tenant Law Amendment Act, Ireland, 1860. 3 Another importantexample is the part relating to leases to be found in the ConveyancingActs 1881-1911. It must be emphasised that such statutes are only themore important examples of numerous pre-1922 Acts of both the oldIrish and British Parliaments still in force in the State.2. The Commission has reviewed both the common law andstatutes governing the general law of landlord and tenant. In doing so123See generally Wylie Irish Landlord and Tenant Law (2 nd ed Butterworths1998).Sergeant Deasy was the Attorney General for Ireland who piloted the Billwhich became the 1860 Act through the Westminster Parliament. In fact itwas based substantially on a Bill drafted and introduced at Westminster in1852 by earlier Irish law officers (Napier and Whiteside), which lapsedwith the fall of Lord Derby’s Government: see Dowling, “The Genesis ofDeasy’s Act” (1989) 40 NILQ 53.The standard reference work on this Act was Cherry The Irish Land Lawand Land Purchase Acts 1860 to 1901 (3 rd ed John Falconer 1903). Thelater standard work was Deale The Law of Landlord and Tenant in theRepublic of Ireland (Incorporated Council of Law Reporting for Ireland1968).1
Page 6 and 7: Landlord and Tenant Law Working Gro
Page 8 and 9: E Landlord’s Identity and Agent .
Page 12: successors in title to the original
Page 15: significance was the recognition by
Page 22 and 23: “lands” as including lands of e
Page 24 and 25: “bilateral” in nature, ie they
Page 26 and 27: elationship of landlord and tenant
Page 28 and 29: should retain the notion that all t
Page 30 and 31: perfectly consistent with the relat
Page 32 and 33: they should be regarded as arrangem
Page 34 and 35: overholding tenant is a trespasser
Page 36 and 37: Kenny HomesClause 5(a)“This Agree
Page 38 and 39: was offered a tenancy he turned thi
Page 40: activity to be carried on therein b
Page 43 and 44: for a lease or tenancy, like all ot
Page 45 and 46: B Contracts2.06 As indicated earlie
Page 47 and 48: contracts generally. 26 Any questio
Page 49 and 50: 2.13 The reference to “any freeho
Page 51 and 52: 2.16 Before leaving the subject of
Page 53 and 54: D Periodic Tenancies2.18 It was men
Page 55 and 56: provisionally recommends that secti
Page 57 and 58: of this by the landlord; 75 the lan
Page 59 and 60: unless the parties decide otherwise
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the landlord and the original tenan
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provisions, which should also remov
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very little authority on the point,
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this duplication should again be re
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the tenant assignee who has assigne
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Act, which provided that, where a l
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There is no equivalent provision go
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covenants and conditions in leases
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some statutory protection exists. 7
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pay directly to the head-landlord s
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to the landlord. However, because t
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that so long as the machinery or pl
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most of its significance with the e
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4.14 Section 17 also recognises the
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4.19 Taking into account the points
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CHAPTER 5OBLIGATIONS5.01 Since a te
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1981, 11 a new scheme governing “
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the sense that they need not be con
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(a)(b)(c)(d)promote purposes such a
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points should be noted about this p
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one confined to “interruption”
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characteristic of a tenancy. 27 On
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C Repairs6.11 Responsibility for ma
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the courts, 53 section 83 of Deasy
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6.17 Notwithstanding the preliminar
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provisions governing landlords in t
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F Return of Deposit6.23 Section 12(
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that such matters relate primarily
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is, 6 then the overriding obligatio
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the landlord’s right to receive r
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would simply reiterate here its ear
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eview clauses, to operate as “def
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It cannot be invoked in other proce
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in respect of commercial and mixed-
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esidential premises, 73 are levied
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others of which relate to practical
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CHAPTER 10REPAIRS10.01 This Chapter
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left to be covered by obligations,
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obligation as regards a deteriorati
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10.13 The Irish courts have long re
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forfeiture for breach of covenant 4
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particularly serious, that is, wher
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CHAPTER 11INSURANCE11.01 The issue
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an FRI lease. For this reason pract
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14(c) of the Residential Tenancies
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CHAPTER 12DETERMINATION OF TENANCIE
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section 9 of the Real Property Act
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This area of the law does not seem
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the parties’ agreement. 33 The Co
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D Frustration12.12 For a long time
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ased upon common law principles, bu
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which has been served will prove to
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new tenancy can be granted to the h
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CHAPTER 14FORFEITURE14.01 The law r
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14.04 The question remains whether
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agricultural land, mines or mineral
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so the landlord in a particular cas
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the property and about what should
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arguable that its advantages would
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perhaps, not so clear is what the p
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CHAPTER 15EJECTMENT15.01 An action
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with determination of the tenancy a
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description as a “caretaker’s s
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e recoverable from the date the ten
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CHAPTER 17NEW LEGISLATION17.01 In a
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CHAPTER 18SUMMARY OF RECOMMENDATION
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created by a written document. The
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tenancy, but it should be open to t
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(iii) the right of removal must be
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Premises Bill appended to its earli
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18.65 The Commission recommends tha
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cause the insurance policy to becom
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18.91 The Commission recommends tha
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18.107 The Commission reiterates th
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Working Paper No 5
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Report on Nullity of Marriage (LRC9
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Ninth (Annual) Report (1986-1987)(P
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Report on Land Law andConveyancing
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Report on Sentencing (LRC 53-1996)(
Page 229 and 230:
Second Programme for examinationof
Page 231:
Consultation <stro
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