Consultation Paper on the General Law of the Landlord and Tenant

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CHAPTER 6LANDLORD’S OBLIGATIONS6.01 Following what was said in the previous chapter, thischapter considers how far a new legislative scheme should provide forlandlord’s obligations, whether “overriding” or “variable”. 1 Thisnecessitates a consideration of the existing position and, in particular,the statutory provisions governing residential property. It wasemphasised that any proposals in this <strong>Consultation</strong> <strong>Paper</strong> should notinterfere with those provisions, including those contained in theResidential Tenancies Bill 2003. 2 However, what this <strong>Paper</strong> doesconsider is the issue whether the provisions in that Bill should begiven a wider scope, perhaps subject to adaptations. For that reason itis useful to consider the provisions in the Bill dealing with landlords’obligations. 3A Title6.02 Section 41 of Deasy’s Act implies “an agreement” 4 in everylease that the landlord “has good title to make such lease.” Several1234See paragraphs 5.09-10 above.Paragraphs 5.04, 5.07 and 5.11 above.Sections 12-15 and 18. Note also Part 7 which will deal in future withregistration of tenancies: see paragraph 6.24 below.The section itself does not use the word “covenant”, presumably because adeed is not necessary in any case of a grant of a tenancy, however long theterm, in Ireland: see section 4 of Deasy’s Act and paragraph 2.12 above.Section 41 of Deasy’s Act states:“Every lease of lands or tenements made after the commencement ofthis Act shall (unless otherwise expressly provided by such lease) implyan agreement on the part of the landlord making such lease, his heirs,executors, administrators and assigns, with the tenant thereof for thetime being, that the said landlord has good title to make such lease, andthat the tenant shall have the quiet and peaceable enjoyment of the saidlands or tenements without the interruption of the landlord or any personwhomsoever during the term contracted for, so long as the tenant shall93
points should be noted about this provision. One is that it does notapply to an oral grant of a tenancy, nor where a tenancy (usually aperiodic one) arises by implication. 5 Secondly, it applies only to thegrant of a new lease and does not apply to the subsequent assignmentof an existing lease. Such a transaction is covered by the impliedcovenants for title contained in section 7 of the Conveyancing Act1881. Those are part of the general law of conveyancing which theCommission regards as outside the scope of the Landlord and TenantProject. 6 Thirdly, section 41 7 operates “unless otherwise expresslyprovided by such lease”. It is, therefore, a “variable” obligation,which operates as a “default” provision.6.03 In practice it is extremely rare for a covenant for title to beincluded in a lease. 8 In the case of short-term leases and periodictenancies the likelihood is that the parties rely more on the impliedagreement for quiet enjoyment also contained in section 41 ofDeasy’s Act. 9 In the case of long-term leases the grant of such alease 10 will usually be preceded by a contract for the grant of thelease. 11 The issue of the title to be shown by the landlord will then betreated as a matter of contract. That issue is governed either by theprovisions of the Vendor and Purchaser Act 1874 12 and ConveyancingAct 1881 13 or, more usually, as modified by the terms of the contract5678910111213pay the rent and perform the agreements contained in the lease to beobserved on the part of the tenant.”See paragraph 2.18 above.They will be considered in the review of pre-1922 property statutes whichis part of the Commission’s e-Conveyancing Project.The section also implies an agreement relating to quiet enjoyment by thetenant: see paragraph 6.04 below.See the precedents in Division L of Laffoy’s Irish ConveyancingPrecedents (Looseleaf Butterworths).See paragraph 6.04 below.Such leases in the residential field have been reduced by the statutoryrestriction in section 2 of the Landlord and Tenant (Ground Rents) Act1978, but note that this does not apply to premises divided into flats.On this distinction see paragraph 2.02 above.Sections 1 and 2.Section 13. See Wylie Irish Conveyancing Law (2 nd ed Butterworths1996) paragraph 14.68 and following.94
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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
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Page 68: not clear how far statute law has c
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Page 75 and 76: eferred to as a severance of the in
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Page 82 and 83: CHAPTER 4FIXTURES4.01 The law of
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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
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Page 95 and 96: (2) consumer protection; (3) defaul
Page 97 and 98: subject was discussed in the <stron
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Page 110 and 111: 6.13 To some extent the very limite
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Page 114 and 115: 6.19 It was mentioned earlier that
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Page 118 and 119: CHAPTER 7TENANT’S OBLIGATIONS7.01
Page 120 and 121: CHAPTER 8RENT AND OTHER PAYMENTS8.0
Page 122 and 123: 8.04 Section 42 of Deasy’s Act do
Page 124 and 125: until the last gale day of the curr
Page 126 and 127: one. 33 Disputes as to the new rent
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Page 130 and 131: on the landlord’s breach of repai
Page 132 and 133: Notwithstanding use of the title
Page 134 and 135: CHAPTER 9SERVICE CHARGES9.01 It has
Page 136: in service charges, so as to ensure
Page 139 and 140: namely permissive, voluntary, ameli
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provisionally recommends that the p
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whether, in the absence of an expre
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(e)(f)Tenant to be liable for incre
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12.03 Merger is a doctrine of gener
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eiterates the recommendation of leg
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should be any distinction as to the
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12.11 There is one further, somewha
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CHAPTER 13NOTICE13.01 Service of a
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comprehensive and exhaustive, in th
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D Sub-Tenants13.08 It may be conven
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13.11 As indicated in the recommend
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very small rent. The Residential Te
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obligation by any tenant unless exc
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y one joint tenant is sufficient to
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“reasonable time” may vary from
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ent and other payments may be accum
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obtainable from the court in which
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mortgage it should have power to de
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a tenancy of a dwelling could not b
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seems to have fallen into disuse. 1
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is sufficient. 32 It is questionabl
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CHAPTER 16LIMITATION OF ACTIONS16.0
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1707 Administration of Justice Act
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the occupier of the land in questio
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set of statutory provisions governi
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comprehensively with part assignmen
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(ii) take the form of a scheme of
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y the landlord thereby making it cl
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Chapter 11 Insurance18.73 The Commi
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18.82 The Commission recommends tha
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the original sub-tenancy or mortgag
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APPENDIXLIST OF LAW REFORM COMMISSI
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Working Paper No 1
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Report on the Liability in Tort ofM
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Eleventh (Annual) Report (1989) (Pl
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Report on Occupiers’ Liability (L
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Report on Privacy: Surveillance and
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Consultation <stro
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Consultation Paper on the General Law of the Landlord and Tenant

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