Consultation Paper on the General Law of the Landlord and Tenant

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8.04 Section 42 of Deasy’s Act does not provide as to how therent is to be paid (other than “when due” 8 ), for examples, whether inadvance or in arrear, by cheque or standing order. The Commissioninclines to the view that it would be useful, especially in cases wherethe tenancy has not been created by execution of a formal lease, toprovide statutory “default” provisions to cover such matters.However, it does not consider that the statutory provisions should gofurther and, for example, introduce days for payment, such as thecommon law ancient feast or quarter days. 9 Such days are rarely, ifever, used in Ireland and the “gale” days for payment of instalmentsof rent are invariably as agreed by the parties. 10 The Commission seesno reason to change this position. The Commission provisionallyrecommends that there should be a statutory “default” provision tospecify how, but not on what days, the rent or other considerationshould be paid.B Apportionment8.05 The issue of apportionment of rent and other periodicalpayments due under a tenancy may arise in several situations. Insubstance two main types of apportionment may be necessary orappropriate, usually referred to as apportionment in respect of timeand in respect of the estate or interest of one or other of the parties.Several statutory provisions apply to such apportionments.8.06 Apportionment as to time arises when the landlord or tenantceases to hold his or her interest between gale days. TheApportionment Act 1870 in such cases renders rent and otherpayments in the nature of income 11 apportionable, on the basis ofaccruing from day to day. 12 This Act has been held to apply both to89101112Cf section 16(a) of the 2003 Bill – “on the date it falls due for payment”.Ie 25 March (Lady Day), 24 June (Midsummer Day), 29 September(Michaelmas Day) and 25 December (Christmas Day). These are stillcommonly used in England: see Hill and Redman Law of Landlord andTenant (Looseleaf Butterworths) Volume 1 paragraph A1563.There are numerous references to “gale” days in Deasy’s Act: see, eg,sections 6 (paragraph 2.20 above) and 47 (receipts for payments).It has been doubted whether the Act applies to the right to receive conacreor agistment payments: see Foster v Cunningham [1956] NI 29.Section 2. This Act replaced the earlier Apportionment Act 1834 and113
the landlord’s right to receive rent and the tenant’s liability to pay it. 13Where a tenancy is determined by a forfeiture and re-entry, anapportioned part of the rent accruing to that date only is recoverable. 14However there can be no apportionment in respect of rent payable inadvance and already due when an event occurs which is alleged tojustify apportionment. 15 These provisions operate as “default”provisions 16 and seem to the Commission to be satisfactory. Sincethey apply to periodical payments generally, and not just payments inthe nature of rent, they should probably be left undisturbed by thecurrent project.8.07 It should be noted, however, that there are severalprovisions in Deasy’s Act which bear on the subject of apportionment.First, there are the provisions dealing with the position of a tenantwho assigns the tenancy between two gales, whether the originaltenant 17 or a subsequent tenant. 18 These provisions were discussed inan earlier chapter 19 and nothing further need be said here. Secondly,section 34 gives the tenant a statutory right to hold over in lieu of“emblements” 20 where the tenancy has ended unexpectedly throughcircumstances beyond the tenant’s control. The tenant can hold over1314151617181920superseded a similar provision in section 49 in Deasy’s Act (which wasrepealed by the Statute Law Revision Act 1893). These statutoryprovisions reversed the common law rule that rent payable on a specifieddate accrued due as one indivisible gale of rent only on that date: perJohnson J in Glass v Patterson [1902] 2 IR 660, 674. See also Wylie IrishLandlord and Tenant Law (2 nd ed Butterworths 1998) paragraph 10.17 andfollowing.Glass v Patterson [1902] 2 IR 660. See also Re Leeks [1902] 2 IR 339.Section 3. However, if the landlord’s interest changes hands, the tenantcan be sued for the whole rent only, not just an apportioned part: section 4.Dublin Corporation v Barry [1897] 1 IR 65.Ie, subject to an express provision ruling out apportionment: section 7. SeeSealy v Sewell (1868) IR 2 Eq 326 (decided on section 49 of Deasy’s Act:see footnote 12 above).Section 16.Section 15.Paragraph 3.11 above.Ie the common law right to return to the land in order to reap a crop sownbefore the tenancy ended.114
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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 73 and 74: the doctrine of estoppel. 57 On the
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
Page 99 and 100: already covered by modern legislati
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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
Page 108 and 109: how far the Irish courts will follo
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 120 and 121: CHAPTER 8RENT AND OTHER PAYMENTS8.0
Page 124 and 125: until the last gale day of the curr
Page 126 and 127: one. 33 Disputes as to the new rent
Page 128 and 129: overholding. 47 The Commission prov
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
Page 136: in service charges, so as to ensure
Page 139 and 140: namely permissive, voluntary, ameli
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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
Page 163 and 164: 12.11 There is one further, somewha
Page 166 and 167: CHAPTER 13NOTICE13.01 Service of a
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Page 170 and 171: 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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