Consultation Paper on the General Law of the Landlord and Tenant

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CHAPTER 12DETERMINATION OF TENANCIES12.01 This and the ensuing chapters 1 deal with the various ways inwhich a tenancy may determine. They are concerned with areas ofthe law which seem to require consideration from the law reformperspective. For this reason they do not cover absolutely everymethod of determination, because some would not seem to requiresuch consideration. For example, an obvious method ofdetermination is the natural expiry of the term, 2 where a tenancy hasbeen granted for a fixed period of duration, 3 eg, 10 years. 412.02 The ensuing chapters deal with the more common methodsof determination, such as notice to quit, 5 forfeiture, 6 ejectment 7 andunder the Statute of Limitations. 8 The remainder of this chapter dealswith various less common methods, but which nevertheless requiresome consideration.12345678Chapters 13–16.See Wylie Irish Landlord and Tenant Law (2 nd ed Butterworths 1998)paragraph 26.01.Cf a periodic tenancy, eg, from year to year, month to month or week toweek, which is ended by notice to quit given by one party to the other: seeChapter 13 below. Note also that a tenancy for a single fixed term may beended prematurely under some option conferred by the lease, eg, a breakoption exercisable by the tenant or a “put” or “call” option exercisable bythe landlord: see Wylie op cit Chapter 20. See also paragraph 13.01below.The fact that the term has expired does not mean necessarily that the tenanthas to give up possession, because statutory rights of renewal may exist,eg, under the Landlord and Tenant (Amendment) Act 1980.Chapter 13.Chapter 14.Chapter 15.Chapter 16.147
12.03 Merger is a doctrine of general application 9 and applieswherever the one person or body acquires a greater and lesser estateor interest in the same land, with no intermediate estate or interest stillin place to prevent a merger. In essence the doctrine is now basedupon equitable principles 10 designed to uphold the intention of theparties, in particular the acquiring party. Although it is not alwayseasy to predict what view a court would take in a particular case, thebasic underlying principle is that there is a presumption that a mergerof a lesser estate or interest in the greater one takes place unless thecircumstances of the particular case rebut this. 11 Yet practitioners areoften uncertain as to whether, for instance, a declaration of “merger”or “non-merger” should be included in the deed bringing about thevesting of two estates or interests in the one person, for instance, atenant buying out the landlord’s reversion. The Commission takes theview that it would be helpful to practitioners to provide statutoryguidance, in effect a statutory presumption. However, it should bemade clear that where such a merger takes place, any rights, includingstatutory rights, previously attaching to the lesser (leasehold) estateare preserved. The Commission provisionally recommends that thereshould be a statutory presumption that where a greater and lesserestate in land vest in the same person or body, without anyintermediate estate or interest being outstanding, a merger takesplace, unless the instrument bringing about the vesting contains anexpress provision to the contrary; such a merger should not prejudiceany rights, including statutory rights, previously attaching to thelesser (leasehold) estate.12.04 It was realised a long time ago that a merger could causeproblems in the landlord and tenant context. In particular, where subtenanciesexist, the position of the sub-tenants was uncertain wherethe head-tenant acquired the head-landlord’s interest. If there was nodeclaration of non-merger of the head tenancy in the head-landlord’sreversionary interest, the danger was that the sub-tenanciesdisappeared with the head-tenancy. 12 This doubt was resolved by9101112See Wylie Land Law (3 rd ed Butterworths 1997) Chapter 24.Reinforced by section 28(4) of the Supreme Court of Judicature (Ireland)Act 1877.See Wylie Irish Landlord and Tenant Law (2 nd ed Butterworths 1998)paragraphs 25.20-22.There was neither privity of contract nor privity of estate between the148
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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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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 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
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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 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 179 and 180: y one joint tenant is sufficient to
Page 181 and 182: “reasonable time” may vary from
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Page 189 and 190: a tenancy of a dwelling could not b
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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
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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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