Consultation Paper on the General Law of the Landlord and Tenant

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particularly serious, that is, where it rendered the dwelling “unfit foroccupation”. 57 Creation of a new statutory right to withhold rent, orother payments, 58 even in cases of very serious breaches, wouldinvolve a radical change in the law. The Commission notes that theResidential Tenancies Bill 2003, notwithstanding the wide range ofobligations imposed on landlords 59 which cannot be contracted outof, 60 does not contain such a provision. 61 At this stage theCommission has an open mind on the subject and wishes merely tomoot the point. It will review the matter in the light of responses tothis <strong>Consultation</strong> <strong>Paper</strong>.10.20 In order to inform consideration by others, the following areaspects of the matter which seem to merit consideration if a newstatutory remedy for tenants is to be considered:-(a)(b)(c)(d)Should it involve the right merely to suspend paymentsowed to the landlord or deprive the landlord of the right tothe payment for the period during which a breach ofobligation is not remedied?Should the right apply only to rent or extend to otherpayments which may be due to the landlord, eg, servicecharge payments?Should the remedy apply to all tenants, or be confined toparticular categories, eg, tenants of dwellings?Should the remedy apply automatically regardless of theterms of the lease or tenancy agreement, or should theparties be able to contract out of it?5758596061caught by section 83 was not prevented from bringing a caretaker’ssummons to recover possession from an overholding tenant or caretakerunder section 86: see Listowel RDC v Stack (1910) 44 ILTR 255; Bartley vFagan [1938] IR 733.In this respect it is not unlike the possible right of “rescission”: seeparagraph 10.16 above.Eg service charge payments: see Chapter 9 above.Section 12.Section 18(1).Note the provisions relating to “redress” in sections 113-118.139
(e)(f)(g)Should the remedy apply to all breaches of obligation orbe confined to particular categories, for instance, repairingobligations and service provision?Should it be further confined to particularly seriousbreaches, for example, those which have a substantialimpact on the tenant’s enjoyment of the property?Should safeguards of any kind be included, for example, ifthe right is simply to suspend rent, should the paymentsdue during the period of suspension still be made, may beto a third party or put on deposit in the joint names of theparties?The Commission provisionally recommends that consideration shouldbe given to providing tenants with some sort of statutory right towithhold rent and other payments where the landlord’s breaches ofobligations have a substantial effect on the tenant’s enjoyment of thedemised premises.140
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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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A Common Law4.09 Originally at comm
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parties’ agreement. Furthermore,
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fixtures. Given that this is subjec
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(viii) it should also be made clear
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(2) consumer protection; (3) defaul
Page 97 and 98: subject was discussed in the <stron
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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
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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 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 141 and 142: section 42 implied obligation shoul
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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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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
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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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