Consultation Paper on the General Law of the Landlord and Tenant

successors in title to the original landlord and tenant, following suchdealings. Chapter 4 deals with the discrete topic of fixtures, which isnonetheless very important in practice. Chapter 5 deals with thesubject of obligations in general, in particular with the issue of howfar legislation should impose some obligations on the parties orprovide “default” provisions to operate where the parties fail to makeexpress provision in the lease or tenancy agreement. Chapter 6 thendeals with the landlord’s obligations. Chapters 7-11 deal with thetenant’s obligations, including such matters as rent, service charges,repairs and insurance, and enforcement of obligations. Chapters 12-16 deal with the various methods of determining the relationship,which also relate to remedies for enforcement of obligations. Chapter17 deals with the subject of new legislation, including the need forconsolidation and recasting of old legislation (particularly pre-1922statutes) in modern language. Chapter 18 provides a summary of theCommission’s preliminary recommendations.4. This <strong>Consultation</strong> <strong>Paper</strong> is intended to form the basis ofdiscussion and the recommendations in it are provisional only. TheCommission will make its final recommendations following furtherconsideration of the issues and consultation with interested parties.This will probably take the form of a Final Report covering all aspectsof the Landlord and Tenant Project, including those covered by other<strong>Consultation</strong> <strong>Paper</strong>s such as the one on Business Tenancies publishedin March 2003. Submissions on the recommendations contained inthis <strong>Consultation</strong> <strong>Paper</strong> are welcome, as they will greatly assist theCommission in its further deliberations. To that end, those who wishto do so are requested to make their submissions in writing by 31May 2004.3