Consultation Paper on the General Law of the Landlord and Tenant

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14(c) of the Residential Tenancies Bill 2003 would impose 19 aninsurance obligation on landlords of dwellings, but concluded that thisshould not be imposed on other landlords. 20 What was mooted earlierwas whether there was a place for statutory “default” provisions, tooperate where the lease or tenancy had a “gap” in provisions. Anexample of the sort of provision the Commission had in mind is againto be found in the 2003 Bill. Section 16(c) imposes on tenants ofdwellings an obligation not to “act or allow other occupiers of orvisitors to, the dwelling to act in a way which might result in theinvalidation of a policy of insurance in force in relation to thedwelling or an increase in the premium payable under such a policy”.The Commission takes the initial view that it might be useful to havea set of statutory provisions covering such important matters, but,unlike the “overriding” provisions in the 2003 Bill, to operate as“variable” or “default” provisions.11.09 The Commission considers that the following matters wouldbe appropriate for inclusion in statutory “default” provisions coveringinsurance: 21(a)(b)(c)(d)Liability for insuring the building or buildings, and anylandlord’s fixtures, to be on the landlord;Liability for insuring the contents, including tenant’sfixtures, to be on the tenant;Insurance for buildings to be for full reinstatement cost,plus an inflationary element where landlord arranges, buttenant pays for it; tenant to be entitled to explanation ofhow cover and costs are calculated and, if it is considerednecessary, to insist upon increase in cover; 22Where there is a deficiency in insurance proceeds to coverthe risk supposed to be covered, the party under obligationto arrange insurance to make up deficiency; 231920212223This obligation could not be contracted out of: section 18(1).Paragraph 6.21 above.In addition to the modifications to section 30 of the Landlord and Tenant(Ground Rents) Act 1967 and section 40 of Deasy’s Act discussed earlier:see paragraphs 11.02-07 above.See Wylie op cit paragraph 16.11.Ibid paragraph 16.14.145
(e)(f)Tenant to be liable for increases in premiums relating tohazardous activities only if responsible for thoseactivities; 24Tenant to be under an obligation not to do or permitanything to be done on the demised premises which mightcause the insurance policy to become void or voidable, orwhich results in an increase in premiums; 25(g) Building’s insurance to be in joint names of the parties, orto be expressed for the benefit of both, so as to avoid thetenant being faced with a subrogation claim by thelandlord’s insurer, unless the insurer agrees to waivesubrogation rights. 26The Commission provisionally recommends that a set of statutory“default” provisions concerning insurance cover, along the linesindicated, would be appropriate for all tenancies.242526This may be important in a multi-let development, where the hazardousactivities are carried on by other tenants in the development: ibidparagraph 16.15.Ibid paragraph 16.16. See also paragraph 11.08 above.It is not clear that the Irish courts will be as willing as the English courtshave been to assume that insurance arranged by the landlord is for thebenefit of the tenant as well: see Mark Rowlands Ltd v Berni Inns Ltd[1985] 3 All ER 473; Lambert v Keymood Ltd [1997] 1 EGLR 70. CfAndrews v Patriotic Assurance Co of Ireland (No 2) (1886) 18 LR Ir 355,369 (per Palles CB).146
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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
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subject was discussed in the <stron
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already covered by modern legislati
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CHAPTER 6LANDLORD’S OBLIGATIONS6.
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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
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Page 130 and 131: on the landlord’s breach of repai
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Page 134 and 135: CHAPTER 9SERVICE CHARGES9.01 It has
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Page 139 and 140: namely permissive, voluntary, ameli
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Page 149 and 150: (e)(f)(g)Should the remedy apply to
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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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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
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Page 183 and 184: ent and other payments may be accum
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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
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Page 199 and 200: 1707 Administration of Justice Act
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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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