Consultation Paper on the General Law of the Landlord and Tenant

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Notwithstanding use of the title “ejectment”, an ejectment for nonpaymentof rent is primarily a proceeding to enforce payment of therent on the basis that the tenancy still exists. The ultimate sanction ofan ejectment order entitling the landlord to possession, andconsequent determination of the tenancy, is a last resort, to be appliedif the tenant does not respond to the proceedings by producing therent arrears.8.20 In practice the remedy is rarely invoked partly because ofvarious restrictions on its scope 69 and partly because of some veryunattractive features from the landlord’s point of view. 70 The result isthat landlords prefer in non-payment of rent cases to invoke theexpress right of forfeiture for breach of covenant and to enforce this,if necessary, by bringing an ejectment on the title or for overholding.The subject of ejectment actions generally is reviewed in a laterchapter. 71 The Commission provisionally recommends that thestatutory action of ejectment for non-payment of rent should beabolished.I Other Payments8.21 It was mentioned earlier that section 42 of Deasy’s Act alsoincludes in leases an implied agreement by the tenant to pay “all taxesand impositions payable by the tenant.” Quite what this covers is farfrom clear, partly because it is not clear what is encompassed by theword “impositions”, which is not defined by the Act. Furthermore, itis not clear whether “payable by the tenant” refers to an obligation inthe lease or under the general law. Even if it refers to the general law,there are further doubts because often taxes or impositions are notlevied on the individual, but rather on the premises, or are not leviedon the landlord or tenant as such but, eg, on the “occupier” of thepremises. 72 Thus rates, which are still payable in respect of non-69707172It can be invoked only after at least a year’s rent is in arrear: section 52.The most obvious one is the tenant’s right to obtain an order of“restitution” restoring him or her to possession, if the rent arrears aretendered or lodged in court within 6 months of the landlord executing theejectment order or retaking possession.See Chapter 15 below. As regards the landlord’s right of forfeiture seeChapter 14 below.This whole subject is discussed in Wylie op cit Chapter 13.123
esidential premises, 73 are levied on the person in “paramountoccupation”. 748.22 The Commission has concluded that there is a need toclarify the scope of section 42 in this regard. The appropriate way ofdoing this would seem to be to replace it with a general “default”provision which imposes on the tenant responsibility for payment oftaxes and charges usually imposed on tenants, apart from rent andpayments treated as rent. 75 As a default provision it would, of course,be subject to variation by the parties in a particular case. Theprovision should cover rates (where applicable to the property),outgoings, like water, gas and electricity charges and other paymentsfor services enjoyed by the tenant (eg telephone, computer networkconnections, cable and satellite television) and, where applicable,taxes, such as VAT, which are commonly passed on to the tenant. 76The Commission provisionally recommends that section 42 of Deasy’sAct should be clarified by replacing it with a “default” provisionimposing on the tenant liability, where applicable to the particulardemised premises, for rates, outgoings and charges for servicesenjoyed by the tenant and certain taxes which are usually passed onto the tenant, such as VAT.73747576Full relief for dwellings was introduced by sections 3 and 5 of the LocalGovernment (Financial Provisions) Act 1978.See Keane The Law of Local Government in the Republic of Ireland(Incorporated Law Society of Ireland 1982) Chapter 10.Ie service charges and insurance premiums which relate to matters dealtwith by the landlord whose costs and expenses the payments are to meet byway of reimbursement: see Chapters 9 and 11 below.See Wylie op cit paragraph 13.12.124
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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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eferred to as a severance of the in
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need to have statutory provisions t
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the premises occupied by the sub-te
Page 82 and 83: CHAPTER 4FIXTURES4.01 The law of
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Page 88 and 89: parties’ agreement. Furthermore,
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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 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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Page 170 and 171: D Sub-Tenants13.08 It may be conven
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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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