Consultation Paper on the General Law of the Landlord and Tenant

until the last gale day of the current year of the tenancy 21 and thelandlord can recover rent as if the tenancy had ended on that day. Ifthe landlord assigns during the holding over period, the rent isapportionable as between the new landlord and the old one, but onlythe new one can sue for it. 22 Arguably there is some duplication herewith the Apportionment Act 1870. 23 Apart from that it is questionablehow relevant section 34 is nowadays, given the rarity of agriculturaltenancies. The Commission will reconsider the provision as part ofthe review of the law relating to such tenancies.8.08 Section 50 of Deasy’s Act deals with cases not comingwithin section 34 24 and provides for apportionment when the tenancyends “otherwise than by act of the landlord” 25 at any time before thedate when rent is payable. The landlord is entitled to an apportionedpart of the rent up to that date. The section does not deal with theconverse case, where the landlord determines the tenancy, in whichcase reliance must be put on the Apportionment Act 1870. 26 TheCommission considers that some rationalisation of these variousstatutory provisions would be appropriate, perhaps by way ofextension of the provisions in the 1870 Act. The Commission hasreached the preliminary conclusion that the statutory provisionsrelating to apportionment of rent and other periodical sums payableunder a tenancy should be consolidated into a single provisionoperating as a “default” provision.8.09 As regards the other type of apportionment which mayarise, where the landlord or tenant assigns part only of the estate orinterest held, this subject was discussed in an earlier chapter. 27 It waspointed out that the position of the parties on such part assignment or“severance” of the interest is not entirely clear. The Commission21222324252627Earl of Derby v Sadlier (1866) 11 Ir Jur (ns) 171.But must then apportion it with the old landlord: see Irwin v Frazer (1882)10 LR Ir 273.Eg section 4: see footnote 14 above.Curiously the Act refers to “clause” 34.Presumably on a surrender or exercise of a break option by the tenant, orservice of a notice to quit in the case of a periodic tenancy.Paragraph 8.06 above.Paragraph 3.18 above.115