Consultation Paper on the General Law of the Landlord and Tenant

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one. 33 Disputes as to the new rent to follow a review 34 would bereferred to the Private Residential Tenancies Board 35 fordetermination in accordance with the dispute resolution proceduresset out in Part 6 of the Bill. For obvious reasons the Commissionconsiders it inappropriate to trespass upon the territory covered by the2003 Bill.8.12 There remains the issue whether some similar schemeshould be introduced for the business tenancies sector. TheCommission is clear that it would not be appropriate to impose amandatory statutory scheme. This would run counter to one of theguiding principles stated in the <strong>Consultation</strong> <strong>Paper</strong> on BusinessTenancies, 36 and reiterated earlier in this <strong>Paper</strong> 37 namely, “removal oflegislative provisions which militate against commercial practice andoperation of free market choice”. The fact is that in the case ofbusiness tenancies there is often much negotiation over the terms ofthe rent review provisions, in particular the basis for calculating thenew rent and including the various assumptions and disregards. 38However, the Commission is aware that often rent review clauses arenot drafted as well as they might be and prove to be defective in oneway or another. There is, therefore, an argument for providing astatutory form of “model” clauses 39 which the parties would be free toadopt or which would operate as “default” provisions where theparties have failed to provide for certain matters. This could beparticularly useful in relation to matters such as the procedure ormachinery for carrying out the review. 40 The Commissionprovisionally recommends that in the case of non-residentialtenancies it would be appropriate to provide a statutory model of rent3334353637383940Section 21.It may result in an increase or reduction in the existing rent: section 24(2).To be established under Part 8 of the Bill.LRC CP 21-2003 at 5.Introduction paragraph 2.See Wylie op cit paragraph 11.26 and following.The statutory model could be based on one of the models frequently usedin practice, such as the Law Society/IAVI recommended clauses: seeWylie op cit paragraph 11.03.Including its initiation, the time-scale and who does it when the partiescannot agree.117
eview clauses, to operate as “default” provisions or as provisionswhich the parties would be free to adopt in toto or adapt to thecircumstances of the particular case.D Recovery of Rent8.13 It is convenient at this point to consider the subject of thelandlord’s remedies for recovery of rent and related matters. What isunder consideration here is recovery on the basis that the landlorddoes not necessarily wish to end the tenancy. The subject ofdetermination of tenancies is dealt with in later chapters, 41 which alsoincludes a discussion of various remedies for enforcement ofobligations. 42E Action for rent8.14 The most obvious remedy of the landlord is the right to suethe tenant for arrears of rent. This right of action is given statutoryrecognition in section 45 of Deasy’s Act and seems uncontroversial.There is, however, one point which might be clarified. It has recentlybeen held in England that even where a landlord has issuedproceedings to recover possession (on the basis of forfeiture forbreach of covenant 43 ), an action to recover rent can also be pursued upuntil possession is actually recovered under the court order. 44 This isclearly the position in Ireland where the landlord pursues an action ofejectment for non-payment of rent, 45 because section 66 of Deasy’sAct so provides. 46 What is not clear is the position where the landlordpursues some other remedy, such as forfeiture for breach of someother obligation followed by an ejectment on the title or for414243444546Chapters 12-16.A “hybrid” remedy is the special statutory action of ejectment for nonpaymentof rent, which should be distinguished from other forms ofejectment: see paragraph 8.18 below.The equivalent of an ejectment on the title: see paragraph 15.07 below.Maryland Estates Ltd v Bar Joseph [1998] 3 All ER 193. See also IvoryGate Ltd v Spetale [1998] L&TR 58.Under sections 52-58 of Deasy’s Act.See Hardman v White [1946] Ir Jur Rep 58.118
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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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the doctrine of estoppel. 57 On the
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Page 77 and 78: need to have statutory provisions t
Page 79 and 80: the premises occupied by the sub-te
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
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 122 and 123: 8.04 Section 42 of Deasy’s Act do
Page 124 and 125: until the last gale day of the curr
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
Page 141 and 142: section 42 implied obligation shoul
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Page 145 and 146: against “unreasonable withholding
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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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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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