Consultation Paper on the General Law of the Landlord and Tenant

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for sale. 14 This matter is again one which is outside the scope of theLandlord and Tenant Project. 15 Notwithstanding the above point theCommission takes the view that the provision in section 41 ought tobe retained as a “default” provision, applicable to all tenancies,whether created by a written document or not. However the “default”provision should limit the landlord’s obligation so that the landlordwould incur liability only for the landlord’s own actions and those ofpersons claiming through, under or in trust for the landlord. Thispoint is taken up in the ensuing paragraphs relating to quietenjoyment. The Commission provisionally recommends that theobligation for good title in section 41 of Deasy’s Act should berepealed as a “default” provision applicable to all tenancies, butlimiting all liability to the landlord’s own actions and those ofpersons claiming through, under or in trust for the landlord.B Quiet Enjoyment6.04 Section 41 of Deasy’s Act also implies in every lease anagreement that “the tenant shall have quiet and peaceful enjoyment”of the demised premises “without the interruption of the landlord orany person whomsoever during the term contracted for, so long as thetenant shall pay the rent and perform the agreements contained in thelease to be observed on the part of the tenant.” This may becontrasted with section 12(1)(a) of the Residential Tenancies Bill2003 which would impose on landlords of a dwelling 16 an obligationby the landlord to “allow the tenant of the dwelling to enjoy peacefuland exclusive occupation of the dwelling.”6.05 The obligation under section 41 applies to any kind oftenancy, but only if created by a lease, and is couched in very widerangingterms. At common law there was probably implied, at leastin a lease using the word “demise”, 17 a more limited covenant, namely14151617See the Law Society’s General Conditions of Sale (2001 Edition)Condition 10.But it too will be considered as part of the e-Conveyancing Project: seefootnote 6 above.Note that section 3 of the Bill would exclude from its operation (whenenacted) a number of dwellings, such as those let by public authorities orcoming within the new tenancy and reversionary leases provisions of theLandlord and Tenant (Amendment) Act 1980.Fitzpatrick v McGivern Ltd [1976-7] ILRM 239, 240 (per Parke J).95
one confined to “interruption” of the tenant by the landlord andpersons claiming through the landlord (ie, deriving title from thelandlord). 18 The obligation under section 41, on the other hand,extends to “any person whomsoever”, which appears to expose thelandlord to liability for the actions of persons with whom no directdealings will have taken place, of whom the landlord may have noknowledge and over whom the landlord may have no control. 19 TheCommission is not convinced that such exposure is justified in anycase and finds it not surprising that this implied provision in section41 is invariably reduced by an express covenant in most leases. Thatcovenant usually confines the landlord’s obligation to not causingdisturbance or interruption by the landlord “or any person lawfullyclaiming through, under or in trust for him.” 20 This accords with themore limited covenant implied by statute on the assignment of anexisting lease. 21 The Commission provisionally recommends that inany replacement of section 41 of Deasy’s Act the provision for quietenjoyment should have the more limited scope invariably adopted inexpress covenants in leases.6.06 It would appear that the obligation that would be imposedby section 12(1)(a) of the Residential Tenancies Bill 2003 may have amore limited scope. It is confined to the “landlord” which undersection 5(1) means “the person for the time being entitled to receive(other than as agent for another person) the rent paid in respect of adwelling by the tenant thereof and, where the context so admits,includes a person who has ceased to be so entitled by reason of thetermination of the tenancy.” It may be argued that this provision isconfined to actions of disturbance or interruption by the landlord forthe time being only and does not extend to actions of others, whetheror not persons deriving title from the landlord. To a large extentmuch may depend on how the word “allow” is interpreted. 22 This1819202122Baynes & Co Ltd v Lloyd & Sons Ltd [1895] 2 QB 610; Jones v Lavington[1903] 1 KB 253.Ie not only predecessors in title but also third parties having no connectionhitherto with either the landlord or the tenant.See the precedents in Division L of Laffoy’s Irish ConveyancingPrecedents (Looseleaf Butterworths).In section 7 of the Conveyancing Act 1881: see Wylie Irish ConveyancingLaw (2 nd ed 1996) paragraph 21.23.See paragraph 6.04 above.96
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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
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the judges of the old Exchequer Cha
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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
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Page 95 and 96: (2) consumer protection; (3) defaul
Page 97 and 98: subject was discussed in the <stron
Page 99 and 100: already covered by modern legislati
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Page 106 and 107: may not be a point of much substanc
Page 108 and 109: how far the Irish courts will follo
Page 110 and 111: 6.13 To some extent the very limite
Page 112 and 113: of the Residential Tenancies Bill 2
Page 114 and 115: 6.19 It was mentioned earlier that
Page 116 and 117: E Landlord’s Identity and Agent6.
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
Page 128 and 129: overholding. 47 The Commission prov
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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Page 149 and 150: (e)(f)(g)Should the remedy apply to
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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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