Consultation Paper on the General Law of the Landlord and Tenant

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CHAPTER 7TENANT’S OBLIGATIONS7.01 The ensuing chapters 1 deal with the main obligationsentered into by tenants when they take a tenancy. These relate to rent,service charges, repairs and insurance. Other obligations are, ofcourse, likely to be entered into, such as covenants against orrestricting alienation (such as assignment and subletting), user of thepremises and making improvements or alterations. 2 Those matters arecovered by provisions contained in the Landlord and Tenant(Amendment) Act 1980 3 and were considered in the Commission’s<strong>Consultation</strong> <strong>Paper</strong> on Business Tenancies 4 published in March 2003.They therefore fall outside the scope of this <strong>Consultation</strong> <strong>Paper</strong>.7.02 The Commission does, of course, recognise that inparticular cases provisions imposing other obligations on tenants maybe included in leases. 5 However, it takes the view that it is notappropriate to attempt to legislate for every conceivable possibilityand that some scope for contractual arrangements should be left. Ithas noted that the Residential Tenancies Bill 2003 contains somefurther examples which it would impose on tenants, such as anobligation on the tenant not to behave within the dwelling, or to allowother occupiers or visitors to the dwelling, to behave within it in away which is “anti-social”. 6 The Commission inclines to the view123456Chapters 8-11.See the precedents in Division L of Laffoy’s Irish ConveyancingPrecedents (Looseleaf Butterworths).Part V. Note also the provisions in section 16(j)–(l) of the ResidentialTenancies Bill 2003.Paragraph 4.44.See again the precedents in Division L of Laffoy’s Irish ConveyancingPrecedents (Looseleaf Butterworths).Section 16(h). What amounts to such behaviour is defined in section 17.Note also section 16(m) which would require the tenant to notify thelandlord of the identity of each person (other than a multiple tenant)residing in the dwelling.109
that such matters relate primarily to residential tenancies and thatthere is no need to extend them to other tenancies.7.03 As with the previous chapter, which considered landlord’sobligations, the ensuing chapters consider the current law, inparticular existing statute law (if any) which governs the matters inquestion and considers how far this should be changed. In particular,they consider how far new legislation would be appropriate topromote the objectives stated earlier, namely, (1) law reform; (2)consumer protection; (3) default provisions. 77See Chapter 5 above.110
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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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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
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Page 75 and 76: eferred to as a severance of the in
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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 114 and 115: 6.19 It was mentioned earlier that
Page 116 and 117: E Landlord’s Identity and Agent6.
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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Page 161 and 162: should be any distinction as to the
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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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