Consultation Paper on the General Law of the Landlord and Tenant

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E Landlord’s Identity and Agent6.22 In the case of dwellings previously controlled under theRent Restriction Acts 1960-81, the Housing (Private RentedDwellings) Regulations 1982 75 required landlords to provide tenantsof dwellings with rent books or similar documents containing basicinformation like the name and address of the landlord and his or heragent (if any). Then the Housing (Rent Books) Regulations 1993 76extended the requirement of provision of rent books containing suchinformation to a much wider range of dwellings rented by both publicand private landlords. 77 The Residential Tenancies Bill 2003 proposesto reinforce these obligations on landlords of dwellings byintroducing an obligation 78 to –“(e) notify the tenant of the name of the person, if any, (the“authorised agent”) who is authorised by the landlord to acton his or her behalf in relation to the tenancy for the timebeing,(f) provide to the tenant particulars of the means by whichthe tenant may, at all reasonable times, contact him or her orhis or her authorised agent” 79The Commission inclines to the view that knowing who the landlordand the landlord’s agent are, and how they can be contacted, isfundamental to the relationship of landlord and tenant. TheCommission provisionally recommends that the provisions of section12(1)(e) and (f) of the Residential Tenancies Bill 2003, imposing anobligation on landlords to furnish tenants with contact details, shouldbe extended, in some form or other, to tenancies in general.7576777879SI No 217 of 1982 (made under section 25 of the Housing (Private RentedDwellings) Act 1982): see Wylie Irish Landlord and Tenant Law (2 nd edButterworths 1998) paragraph 5.51.SI No 146 of 1993 (made under section 17 of the Housing (MiscellaneousProvisions) Act 1992), as part of the Department of the EnvironmentHeritage and Local Government’s Charter for Rented Housing, asenvisaged by its earlier reports: A Plan for Social Housing (1991) andSocial Housing: The Way Ahead (1995).See Wylie op cit paragraph 5.52.Again which could not be contracted out of: see section 18.Section 12(1)(e) and (f).107
F Return of Deposit6.23 Section 12(1)(d) of the Residential Tenancies Bill 2003would impose an obligation on landlords of dwellings to return orrepay any deposit paid by the tenant on entering into the agreementfor the tenancy or lease, but not if at the date of the request for returnof payment, rent is overdue or the tenant has caused a deterioration inthe condition of the premises. The Commission inclines to the viewthat this is very much a matter likely to give rise to disputes in theresidential context. The Commission provisionally recommends thatthere is no need to extend the provisions of section 12(1)(d) of theResidential Tenancies Bill 2003 to other categories of tenancies.G Registration of Tenancies6.24 Part 7 of the Residential Tenancies Bill 2003 proposes toreplace the requirement of landlords of dwellings to register theirtenancies with the local housing authority, 80 with a new schemerequiring registration with the Private Residential Tenancies Board tobe established under Part 8 of the Bill. Again the Commission isinclined to view this as a matter to be confined to the residentialsector. The Commission provisionally recommends that Part 7 of theResidential Tenancies Bill 2003 should not be extended to othercategories of tenancies.80Registration relating to dwellings formerly controlled under the RentRegistration Acts 1960-81 is governed by the Housing (Private RentedDwellings) Regulations 1982 (SI No 217 of 1982, made under section 24of the Housing (Private Rented Dwellings) Act 1982). A schemegoverning a much wider range of dwellings was introduced by the Housing(Registration of Rented Houses) Regulations 1996 (SI No 30 of 1996,made under section 20 of the Housing (Miscellaneous Provisions) Act1992).108
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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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section 10 of the Conveyancing Act
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Page 68: not clear how far statute law has c
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Page 73 and 74: the doctrine of estoppel. 57 On the
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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,
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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
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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 120 and 121: CHAPTER 8RENT AND OTHER PAYMENTS8.0
Page 122 and 123: 8.04 Section 42 of Deasy’s Act do
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Page 130 and 131: on the landlord’s breach of repai
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Page 134 and 135: CHAPTER 9SERVICE CHARGES9.01 It has
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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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