Consultation Paper on the General Law of the Landlord and Tenant

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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
would simply reiterate here its earlier preliminary conclusion that newstatutory provisions to govern the position of successors in titleshould make explicit provision for apportionment of rights andobligations as between all the parties in such cases. 28C Rent Review8.10 One of the major developments in modern times withrespect to rent has been the advent, especially in commercial leases, 29of provisions for rent review. This is a complex subject which overthe years has given rise to much litigation concerning theinterpretation of the rent review provisions in particular leases. 30 Theissue which arises for consideration is whether it would beappropriate to introduce statutory provisions to govern the matter.8.11 In considering this issue the Commission has noted that Part3 of the Residential Tenancies Bill 2003 would introduce a statutoryscheme for rent reviews in the case of tenancies of dwellings. Thiswould prohibit the setting of the rent under such a tenancy above the“market rent” 31 or reviews more frequently than once every twelvemonths. 32 Either party to the tenancy would be able to require areview where the lease or tenancy agreement does not provide for2829303132Paragraphs 3.21 and 3.22 above.Note, however, that Part 3 of the Residential Tenancies Bill 2003 containsprovisions for rent reviews in the case of tenancies of dwellings. Note alsothe statutory provision for rent review in the case of new tenancies grantedunder the Landlord and Tenant Act, where the terms have been fixed bythe court: see section 24 of the Landlord and Tenant (Amendment) Act1980 (as substituted by section 15 of the Landlord and Tenant(Amendment) Act 1984): Wylie op cit paragraph 30.57-60. TheCommission has already pointed out that this provision is not entirelysatisfactory: see <strong>Consultation</strong> <strong>Paper</strong> on Business Tenancies (LRC CP 21-2003) paragraph 4.32 (reiterating what was said in an earlier report: Reporton Land Law and Conveyancing Law: (5) Further General Proposals(LRC 44-1992) paragraphs 20-21).See Wylie op cit Chapter 11.Defined in section 24 along the lines of the “gross rent” which is the basisupon which a court fixes the rent of a new tenancy under section 23 of theLandlord and Tenant (Amendment) Act 1980.Sections 19 and 20. A review could be made more frequently if there is asubstantial change in the nature of the accommodation in the interim:section 20(3).116
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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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was not resolved until the enactmen
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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,
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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
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Page 110 and 111: 6.13 To some extent the very limite
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Page 118 and 119: CHAPTER 7TENANT’S OBLIGATIONS7.01
Page 120 and 121: CHAPTER 8RENT AND OTHER PAYMENTS8.0
Page 122 and 123: 8.04 Section 42 of Deasy’s Act do
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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 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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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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