Consultation Paper on the General Law of the Landlord and Tenant

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CHAPTER 10REPAIRS10.01 This Chapter is concerned primarily with the tenant’sobligations in respect of repairs and maintenance of the demisedpremises. The subject of the landlord’s obligations was considered inan earlier chapter. 1 In addition to considering the subject of repairingobligations from the point of view of the tenant, this Chapter alsoconsiders the subject of enforcement of such obligations from bothparties’ perspective. 210.02 As in the case of the landlord’s obligations, apart from anyexpress provision made in the lease or tenancy agreement, thetenant’s obligations are a mixture of the common law and statute law.A Law of Waste10.03 The law of waste is essentially a branch of the law of tortswhich originally did not apply to tenants, but an early statute changedthis, 3 at least as regard tenants for life and for a fixed term. 4 Muchlater section 26 of Deasy’s Act prohibited any tenant holding “for anyestate or interest less than a perpetual estate or interest” from openingmines, quarries, removing the soil or surface or subsoil or permittingor committing “any other manner of waste”, unless authorised by theexpress terms of the lease. It is not clear to what extent this alters thecommon law 5 nor how far the various traditional categories of waste, 612345Paragraph 6.11.This subject is also touched on elsewhere: see paragraphs 6.13–15 and 8.16above.Statute of Marlborough 1267, c 23; note also the penalties imposed by theStatute of Gloucester 1278, c 5. Both these English statutes, which wereextended to Ireland by Poynings’ Law 1495, were repealed by the StatuteLaw Revision Act 1983.See Wylie Irish Landlord and Tenant Law (2 nd ed Butterworths 1998)paragraph 15.22.The English courts developed the concept of a periodic tenant having touse the demised premises in a “tenantlike manner”: see Mint v Good129
namely permissive, voluntary, ameliorating and equitable apply. 7Deasy’s Act creates further uncertainty because sections 25-39purport to prohibit or restrict the tenant in a wide range of activitieslikely to fall within the concept of waste, such as opening new minesand quarries, removing soil, cutting turf for profit, burning the soil orsurface, cutting and lopping of trees. It is questionable how far theseprovisions remain of relevance in modern times; many of them relateto activities more likely to be carried on in agricultural areas wheretenancies are extremely rare. The subject of agricultural tenancieswill be reviewed at a later stage in the current project and it may bethat what is needed is a new, more up-to-date statutory scheme forsuch tenancies. Apart from that, many of the activities dealt with inthese sections of Deasy’s Act are now the subject of control throughmore modern legislation such as that governing valuable minerals 8and trees. 910.04 The traditional remedy for waste is to seek damages in tort 10or an injunction against the tenant. However Deasy’s Act provided aspecial summary remedy for restraining waste, namely a “precept”obtainable from the District Court. 11 It would appear that this remedyis rarely, if ever, invoked nowadays.10.05 For all the above reasons it must be questioned whether thelaw of waste should continue to have any place in our landlord andtenant law. Arguably activities which would come within it are best67891011[1951] 1 KB 517, 522 (per Somervell LJ) and Warren v Keen [1951] 1 QB15, 20 (per Denning LJ).See Wylie Irish Land Law (3 rd ed Butterworths 1997) paragraph 4.149.Thus section 25 refers to “fraudulent or malicious” waste; cf section 65(3)of the Landlord and Tenant (Amendment) Act 1980, which refers to“wilful” waste, a concept which caused the courts some difficulty: seeWylie Irish Landlord and Tenant Law (2 nd ed Butterworths 1998)paragraph 15.33.Minerals Development Act 1940; Petroleum and Other MineralsDevelopment Act 1960.Forestry Acts 1946 and 1988. Note also the provision for tree preservationorders under the planning legislation: see Planning and Development Act2000, section 205.Minister for Local Government and Public Health v Kenny [1940] 75ILTR 26; Ellis v Dublin Corporation [1940] IR 283.Sections 35-37 and Schedule (A).130
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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
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CHAPTER 4FIXTURES4.01 The law of
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tenant. Often an item installed in
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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
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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
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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
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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
Page 124 and 125: until the last gale day of the curr
Page 126 and 127: one. 33 Disputes as to the new rent
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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 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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Page 175 and 176: very small rent. The Residential Te
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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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