Consultation Paper on the General Law of the Landlord and Tenant

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(a)(b)(c)(d)promote purposes such as law reform, consumerprotection and statutory “default” provisions;take the form of a scheme of “overriding” obligations (notsubject to contracting-out) and “default” obligations(subject to variation by the parties);limit the number of “overriding” obligations in order toaccord with the philosophy of freedom of contract,especially in the context of business tenancies;not interfere with legislation, both recent and impending,governing residential tenancies.91
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Landlord and Tenant Law Working Gro
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E Landlord’s Identity and Agent .
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INTRODUCTION1. This is the second <
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CHAPTER 1THE RELATIONSHIP OF LANDLO
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after its enactment there were nume
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Commission’s preliminary conclusi
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1.15 It might be thought that the I
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preliminary conclusion that any re-
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like lodgers, 83 hotel guests, 84 s
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landlord and tenant.” 96 This see
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the nature of a tenant’s interest
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parties an intention which they nev
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management of the said Railway arch
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the courts’ desire in the past to
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CHAPTER 2FORMALITIES2.01 This chapt
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Commission has previously drawn att
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paragraph, such an arrangement woul
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Deasy’s Act should be dropped fro
Page 50 and 51: the judges of the old Exchequer Cha
Page 52 and 53: within the purview of the Landlord
Page 54 and 55: seems to be inconsistent with the c
Page 56 and 57: E Surrenders2.21 Section 7 of Deasy
Page 58 and 59: premises, the alternative of a new
Page 60 and 61: espect to the part not surrendered.
Page 62 and 63: CHAPTER 3SUCCESSORS IN TITLE3.01 Th
Page 64 and 65: section 10 of the Conveyancing Act
Page 66 and 67: prescribe that a particular tenant
Page 68: not clear how far statute law has c
Page 71 and 72: was not resolved until the enactmen
Page 73 and 74: the doctrine of estoppel. 57 On the
Page 75 and 76: eferred to as a severance of the in
Page 77 and 78: need to have statutory provisions t
Page 79 and 80: the premises occupied by the sub-te
Page 82 and 83: CHAPTER 4FIXTURES4.01 The law of
Page 84 and 85: tenant. Often an item installed in
Page 86 and 87: A Common Law4.09 Originally at comm
Page 88 and 89: parties’ agreement. Furthermore,
Page 90 and 91: fixtures. Given that this is subjec
Page 92: (viii) it should also be made clear
Page 95 and 96: (2) consumer protection; (3) defaul
Page 97 and 98: subject was discussed in the <stron
Page 99: already covered by modern legislati
Page 103 and 104: points should be noted about this p
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Page 107 and 108: characteristic of a tenancy. 27 On
Page 109 and 110: C Repairs6.11 Responsibility for ma
Page 111 and 112: the courts, 53 section 83 of Deasy
Page 113 and 114: 6.17 Notwithstanding the preliminar
Page 115 and 116: provisions governing landlords in t
Page 117 and 118: F Return of Deposit6.23 Section 12(
Page 119 and 120: that such matters relate primarily
Page 121 and 122: is, 6 then the overriding obligatio
Page 123 and 124: the landlord’s right to receive r
Page 125 and 126: would simply reiterate here its ear
Page 127 and 128: eview clauses, to operate as “def
Page 129 and 130: It cannot be invoked in other proce
Page 131 and 132: in respect of commercial and mixed-
Page 133 and 134: esidential premises, 73 are levied
Page 135 and 136: others of which relate to practical
Page 138 and 139: CHAPTER 10REPAIRS10.01 This Chapter
Page 140 and 141: left to be covered by obligations,
Page 142 and 143: obligation as regards a deteriorati
Page 144 and 145: 10.13 The Irish courts have long re
Page 146 and 147: forfeiture for breach of covenant 4
Page 148 and 149: 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)(
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Second Programme for examinationof
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Consultation <stro
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