Consultation Paper on the General Law of the Landlord and Tenant

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6.19 It was mentioned earlier that the well-establishedconveyancing principle caveat emptor has been applied by the courtsto landlord and tenant arrangements, in the sense that the tenant isexpected to take the premises as found at the commencement of thetenancy. 64 There is no implied warranty by the landlord either as tothe physical state of the premises or as to its legal fitness, eg, in termsof planning permission for the contemplated use of the premises. 65The Commission suspects that on occasion this principle will operateunfairly, particularly where a relatively short-term commercial leaseis made. 66 This subject was reviewed many years ago by theCommission and resulted in the very first <strong>Consultation</strong> <strong>Paper</strong> itpublished. 67 The proposals mooted in that <strong>Paper</strong> received judicialapproval. 68 The subsequent follow-up Report published by theCommission in May 1982 69 contained a draft Defective Premises Bill,section 7 of which dealt with the duty of a lessor in respect of defectsin the state of the premises and, in certain cases, fitness for thepurpose for which they are intended to be used. The Commissionconsiders that it would be appropriate to revisit this matter and thatthe proposals made in 1982 were sound, but that consideration shouldbe given to their possible extension to cover “legal” as well as“physical” unfitness. The risks of non-compliance with planning,environmental and building control law are very real nowadays. 70 TheCommission has reached the provisional conclusion that the64656667686970Paragraph 6.12 above. Sometimes, of course, a tenant covenants to makeimprovements.See Hill v Harris [1965] 2 All ER 358. Cf Wettern Electric Ltd v WelshDevelopments Agency [1983] QB 796.Residential tenancies are less likely to be affected by planning and similar“legal” impediments and, as regards physical fitness, are protected by thestandards regulations, etc referred to earlier: see paragraph 6.15 above.The Law Relating to the Liability of Builders, Vendors and Lessors for theQuality and Fitness of Premises (June 1977).See, eg, Siney v Dublin Corporation [1980] IR 400, 420 (per Henchy J).See also Costello J, at first instance, in Ward v McMaster [1985] IR 29, 42.Report on Defective Premises (LRC 3–1982). See further McMahon andBinchy The Law of Torts (3 rd ed Butterworths 2000) Chapter 13.Hence General Condition 36 (vendor’s warranty as to “development”) inthe Law Society’s General Conditions of Sale (2001 Edition). See WylieIrish Conveyancing Law (2 nd ed 1996) paragraphs 10.55 and 16.74-78.105
provisions governing landlords in the draft Defective Premises Billappended to its earlier Report (LRC 3-1982) should be adopted, butextended to cover “legal” unfitness as well as “physical” unfitness.D Insurance6.20 There are no current statutory provisions governinginsurance of the demised premises and this is usually dealt with byexpress provisions in the lease, at least in the case of commercialpremises. 71 However, section 12(1)(c) of the Residential TenanciesBill would impose on landlords of dwellings an obligation to 72 –“effect and maintain a policy of insurance in respect of thestructure of the dwelling, that is to say a policy –(i) that insures the landlord against damage, loss anddestruction of the dwelling, and(ii) that indemnifies, to an amount of at least €250,000, thelandlord against any liability on his or her part arising out ofthe ownership, possession and use of the dwelling.”6.21 The Commission does not consider that there is any need toextend such a provision to other types of tenancy, at least not in theform of an overriding obligation. The insurance arrangementsappropriate for commercial premises are likely to vary greatlyaccording to the nature of the premises, particularly according towhether they are single-let or multi-let. 73 What may be appropriate isto have a “default” statutory provision designed to operate where noexpress provision is made in the lease or the express provision is notexhaustive of insurance requirements and a gap may exist. Thissubject is taken up again in the context of tenants’ obligations. 7471727374See the precedents in Division L of Laffoy’s Irish ConveyancingPrecedents (Looseleaf Butterworths).Which again could not be contracted out of: see section 18.Where it may be appropriate for the landlord to have a “block” policycovering the entire multi-let premises and to recoup the cost via the servicecharges levied on individual tenants of units.See Chapter 11 below.106
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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
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seems to be inconsistent with the c
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E Surrenders2.21 Section 7 of Deasy
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premises, the alternative of a new
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espect to the part not surrendered.
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CHAPTER 3SUCCESSORS IN TITLE3.01 Th
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Page 73 and 74: the doctrine of estoppel. 57 On the
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Page 79 and 80: the premises occupied by the sub-te
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 104 and 105: for sale. 14 This matter is again o
Page 106 and 107: may not be a point of much substanc
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Page 110 and 111: 6.13 To some extent the very limite
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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
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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
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Page 149 and 150: (e)(f)(g)Should the remedy apply to
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Page 157 and 158: 12.03 Merger is a doctrine of gener
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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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