Consultation Paper on the General Law of the Landlord and Tenant

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CHAPTER 8RENT AND OTHER PAYMENTS8.01 This chapter is concerned with the obligation to pay rentand other charges 1 usually imposed on the tenant. Payment of rent isinvariably an obligation imposed on the tenant; indeed, as wasdiscussed earlier, that obligation is one of the key features of atenancy. 2 The obligation to make other payments may vary fromtenancy to tenancy. 38.02 It is convenient to begin the discussion with the subject ofrent, concentrating on the need for legislation to govern the subject.This necessitates a consideration of the existing legislation, whichdeals with several aspects of the subject.A Obligation to Pay Rent8.03 Section 42 of Deasy’s Act contains an implied agreement inleases that the tenant for the time being, and the tenant’s successors intitle, “shall pay, when due, the rent reserved …”. A number of pointsshould be noted. One is that it is an implied obligation only, which issubject to the proviso “unless otherwise expressly provided by suchlease.” Given the primary function of rent as an indicator of theexistence of a tenancy, reaffirmed earlier, 4 the Commission takes theview that this obligation should be an “overriding” one, and not onesubject to variation by the parties. It is, of course, important to notethe limitation to section 42, namely that it refers to payment of therent “reserved”. 5 If no rent is reserved, but some other consideration12345But not service charges or insurance premiums which are discussed in laterchapters: see Chapters 9 and 11 below.Paragraph 1.21 above.See paragraph 8.21 below.See paragraph 1.23 above.Section 42 of Deasy’s Act states:“Every lease of lands or tenements made after the commencement ofthis Act shall (unless otherwise expressly provided by such lease) imply111
is, 6 then the overriding obligation should extend to this. Section 42 isconfined to leases, but there seems to be no reason why the obligationshould not extend to all categories of tenancies. The Commissionnotes that section 16(a) of the Residential Tenancies Bill 2003contains what is, in effect, an overriding obligation 7 by the tenant of adwelling to “pay to the landlord or his or her authorised agent (or anyother person where required to do so by any enactment) – (i) the rentprovided for under the tenancy concerned on the date it falls due forpayment.” In essence what the Commission is proposing is aprovision along the lines of section 16(a), but with a generalapplication. The Commission provisionally recommends that theimplied obligation to pay rent contained in section 42 of Deasy’s Actshould be replaced by an overriding obligation to pay the rent orother consideration payable under a tenancy of any kind, howevercreated.67the following agreements on the part of the tenant for the time being, hisheirs, executors, administrators, and assigns, with the landlord thereof;that is to say,1. That the tenant shall pay, when due, the rent reserved and all taxesand impositions payable by the tenant, and shall keep the premisesin good and substantial repair and condition:2. That the tenant shall give peaceable possession of the demisedpremises, in good and substantial repair and condition, on thedetermination of the lease (accidents by fire without the tenant’sdefault excepted), subject, however, to any right of removal (or ofcompensation for improvements) that may have lawfully arisen inrespect of them, and to any right of surrender in case of thedestruction of the subject matter of the lease as herein-beforementioned.”Note that it is not strictly necessary to have a covenant to pay the rent, solong as the lease contains a reservation (in the form of the usualreddendum) which implies such a covenant. See Giles v Cooper (1690)Carth 135; Iggulden v May (1804) 6 Ves 325; Vyvyan v Arthur (1823) B &C 410. An overriding statutory obligation, such as is proposed, resolvesthis point.See again paragraph 1.23 above.Under section 18(1) of the Bill no provision of “any lease, tenancy,agreement, contract or other agreement (whether entered into before, on orafter the commencement of this Part) may operate to vary, modify orrestrict in any way section 12 or 16”.112
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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
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not clear how far statute law has c
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Page 75 and 76: eferred to as a severance of the in
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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
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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 118 and 119: CHAPTER 7TENANT’S OBLIGATIONS7.01
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
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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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Page 166 and 167: CHAPTER 13NOTICE13.01 Service of a
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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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