Consultation Paper on the General Law of the Landlord and Tenant

More documents

Recommendations

Info

obligation as regards a deterioration in the condition of a dwelling tobe imposed by section 16 of the Residential Tenancies Bill 2003 21 isso qualified. It is provided that in determining whether the obligationhas been complied with at a particular time, there is to be disregardedany deterioration “owing to normal wear and tear, that is to say wearand tear that is normal having regard to –(i) the time that has elapsed from the commencement of thetenancy;(ii) the extent of occupation of the dwelling the landlordmust have reasonably foreseen would occur since thatcommencement, and(iii) any other relevant matters.” 22The Commission inclines to the view that a similar qualificationwould be appropriate in the implied obligation under section 42. TheCommission provisionally recommends that the tenant’s repairingobligation under section 42 of Deasy’s Act should contain anexclusion of normal wear and tear.10.10 The Commission notes that section 16 of the ResidentialTenancies Bill 2003 contains other provisions relating to repairs. Inparticular it would impose on tenants of dwellings obligations to: (1)allow, at reasonable intervals, the landlord, and any person or personsacting on the landlord’s behalf, access to the dwelling (on a date andtime agreed in advance with the tenant) for the purposes of inspectingthe dwelling; 23 (2) notify the landlord or his or her authorised agent ofany defect which it is the landlord’s responsibility to repair under anystatute; 24 (3) allow the landlord, or again any person or persons actingon the landlord’s behalf, reasonable access to carry out works theresponsibility of the landlord; 25 (4) to defray the costs of the landlordin taking such steps as are reasonable in doing repairs the tenantshould have done. 26 The Commission takes the view that these are212223242526See paragraph 10.07 above.Section 16(f).Section 16(c).Section 16(d).Section 16(e).Section 16(g). See further paragraph 10.17 below.133
sensible provisions, which are usually found in a well-drafted lease.Given that section 42 is essentially a “default” provision 27 it isarguable that its effectiveness in this regard would be greatlyenhanced by extending its scope to include the above matters.However, it must be reiterated that, unlike the obligations whichwould be imposed on tenants of dwellings by the 2003 Bill, therevised section 42 obligations on all other tenants would be variableby the express provisions of the lease or tenancy agreement. TheCommission provisionally recommends that the scope of the tenant’simplied repairing obligation under section 42 of Deasy’s Act shouldbe extended, but on a variable basis only, along the lines of section16(c), (d), (e) and (g) of the Residential Tenancies Bill 2003.C Enforcement of Obligations10.11 It may be convenient at this point to consider the remediesavailable for enforcement of repairing obligations. This chapter isconcerned with the tenant’s obligations, so that the first issue to beconsidered is what remedies are available to the landlord. However,it is also important to consider what remedies are available to enforcethe landlord’s obligations which were considered in an earlierchapter. 2810.12 The landlord has a wide range of remedies. One obviousone is an action for damages to recover the loss suffered by thetenant’s breach. The actual assessment of the damages in such casestends to vary according to how near the landlord’s reversion is tofalling in or whether it has already fallen in. 29 It should also be notedthat the amount of damages recoverable may be severely restricted incertain cases by the provisions of section 65 of the Landlord andTenant (Amendment) Act 1980. 30 The operation of this section wasdiscussed in the <strong>Consultation</strong> <strong>Paper</strong> on Business Tenancies 31 andnothing further need be said at this stage.2728293031It must be reiterated that the obligations in section 16 of the 2003 Bill,which are confined to tenants of dwellings, cannot be contracted out of.See section 18 of the Bill.Paragraph 6.11 above.See Wylie op cit paragraph 15.31.Ibid paragraphs 15.32-33.LRC CP 21-2003 paragraph 4.46.134
Page 6 and 7:
Landlord and Tenant Law Working Gro
Page 8 and 9:
E Landlord’s Identity and Agent .
Page 10:
INTRODUCTION1. This is the second <
Page 14 and 15:
CHAPTER 1THE RELATIONSHIP OF LANDLO
Page 21 and 22:
after its enactment there were nume
Page 23 and 24:
Commission’s preliminary conclusi
Page 25 and 26:
1.15 It might be thought that the I
Page 27 and 28:
preliminary conclusion that any re-
Page 29 and 30:
like lodgers, 83 hotel guests, 84 s
Page 31 and 32:
landlord and tenant.” 96 This see
Page 33 and 34:
the nature of a tenant’s interest
Page 35 and 36:
parties an intention which they nev
Page 37 and 38:
management of the said Railway arch
Page 39 and 40:
the courts’ desire in the past to
Page 42 and 43:
CHAPTER 2FORMALITIES2.01 This chapt
Page 44 and 45:
Commission has previously drawn att
Page 46 and 47:
paragraph, such an arrangement woul
Page 48 and 49:
Deasy’s Act should be dropped fro
Page 50 and 51:
the judges of the old Exchequer Cha
Page 52 and 53:
within the purview of the Landlord
Page 54 and 55:
seems to be inconsistent with the c
Page 56 and 57:
E Surrenders2.21 Section 7 of Deasy
Page 58 and 59:
premises, the alternative of a new
Page 60 and 61:
espect to the part not surrendered.
Page 62 and 63:
CHAPTER 3SUCCESSORS IN TITLE3.01 Th
Page 64 and 65:
section 10 of the Conveyancing Act
Page 66 and 67:
prescribe that a particular tenant
Page 68:
not clear how far statute law has c
Page 71 and 72:
was not resolved until the enactmen
Page 73 and 74:
the doctrine of estoppel. 57 On the
Page 75 and 76:
eferred to as a severance of the in
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
Page 92: (viii) it should also be made clear
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
Page 102 and 103: CHAPTER 6LANDLORD’S OBLIGATIONS6.
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
Page 112 and 113: of the Residential Tenancies Bill 2
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 126 and 127: one. 33 Disputes as to the new rent
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: section 42 implied obligation shoul
Page 145 and 146: against “unreasonable withholding
Page 147 and 148: obligations by the landlord, 50 is
Page 149 and 150: (e)(f)(g)Should the remedy apply to
Page 151 and 152: provisionally recommends that the p
Page 153 and 154: whether, in the absence of an expre
Page 155 and 156: (e)(f)Tenant to be liable for incre
Page 157 and 158: 12.03 Merger is a doctrine of gener
Page 159 and 160: eiterates the recommendation of leg
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
Page 168 and 169: comprehensive and exhaustive, in th
Page 170 and 171: D Sub-Tenants13.08 It may be conven
Page 172: 13.11 As indicated in the recommend
Page 175 and 176: very small rent. The Residential Te
Page 177 and 178: obligation by any tenant unless exc
Page 179 and 180: y one joint tenant is sufficient to
Page 181 and 182: “reasonable time” may vary from
Page 183 and 184: ent and other payments may be accum
Page 185 and 186: obtainable from the court in which
Page 187 and 188: mortgage it should have power to de
Page 189 and 190: a tenancy of a dwelling could not b
Page 191 and 192: seems to have fallen into disuse. 1
Page 193 and 194:
is sufficient. 32 It is questionabl
Page 196:
CHAPTER 16LIMITATION OF ACTIONS16.0
Page 199 and 200:
1707 Administration of Justice Act
Page 201 and 202:
the occupier of the land in questio
Page 203 and 204:
set of statutory provisions governi
Page 205 and 206:
comprehensively with part assignmen
Page 207 and 208:
(ii) take the form of a scheme of
Page 209 and 210:
y the landlord thereby making it cl
Page 211 and 212:
Chapter 11 Insurance18.73 The Commi
Page 213 and 214:
18.82 The Commission recommends tha
Page 215 and 216:
the original sub-tenancy or mortgag
Page 218 and 219:
APPENDIXLIST OF LAW REFORM COMMISSI
Page 220 and 221:
Working Paper No 1
Page 222 and 223:
Report on the Liability in Tort ofM
Page 224 and 225:
Eleventh (Annual) Report (1989) (Pl
Page 226 and 227:
Report on Occupiers’ Liability (L
Page 228 and 229:
Report on Privacy: Surveillance and
Page 230 and 231:
Consultation <stro
show all

Consultation Paper on the General Law of the Landlord and Tenant

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?