Consultation Paper on the General Law of the Landlord and Tenant

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D Frustration12.12 For a long time there was considerable doubt as to how far,if at all, the doctrine of frustration of contract could apply to a lease ortenancy of land (as opposed to a contract for such a lease ortenancy). 44 In England those doubts were resolved, in favour ofapplication in appropriate circumstances, by the House of Lords inNational Carriers Ltd v Panalpina (Northern) Ltd. 45 The reasoning inthat case was accepted by the Supreme Court in Neville & Sons Ltd vGuardian Builders Ltd. 46 Given the founding of the relationship oflandlord and tenant on the agreement of the parties by section 3 ofDeasy’s Act, 47 this is hardly surprising. In view of this there does notseem to be any need for statutory interference.12.13 It is, however, worth drawing attention again to theprovisions of section 40 of Deasy’s Act which were discussedearlier. 48 The Commission would reiterate the changes proposed.4445464748On this distinction see Chapter 2 above. See Wylie Irish Landlord andTenant Law (2 nd ed Butterworths 1998) paragraphs 26.14-5.[1981] AC 675.[1995] 1 ILRM 1.See paragraph 1.10 above.Paragraphs 11.03-4 and 11.07 above.155
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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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may not be a point of much substanc
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how far the Irish courts will follo
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6.13 To some extent the very limite
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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
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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
Page 136: in service charges, so as to ensure
Page 139 and 140: namely permissive, voluntary, ameli
Page 141 and 142: section 42 implied obligation shoul
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Page 147 and 148: obligations by the landlord, 50 is
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
Page 159 and 160: eiterates the recommendation of leg
Page 161 and 162: should be any distinction as to the
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Page 174 and 175: CHAPTER 14FORFEITURE14.01 The law r
Page 176 and 177: 14.04 The question remains whether
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Page 180 and 181: so the landlord in a particular cas
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Page 184 and 185: arguable that its advantages would
Page 186 and 187: perhaps, not so clear is what the p
Page 188 and 189: CHAPTER 15EJECTMENT15.01 An action
Page 190 and 191: with determination of the tenancy a
Page 192 and 193: description as a “caretaker’s s
Page 194: e recoverable from the date the ten
Page 198 and 199: CHAPTER 17NEW LEGISLATION17.01 In a
Page 200 and 201: CHAPTER 18SUMMARY OF RECOMMENDATION
Page 202 and 203: created by a written document. The
Page 204 and 205: tenancy, but it should be open to t
Page 206 and 207: (iii) the right of removal must be
Page 208 and 209: Premises Bill appended to its earli
Page 210 and 211: 18.65 The Commission recommends tha
Page 212 and 213: cause the insurance policy to becom
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18.91 The Commission recommends tha
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18.107 The Commission reiterates th
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Working Paper No 5
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Report on Nullity of Marriage (LRC9
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Ninth (Annual) Report (1986-1987)(P
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Report on Land Law andConveyancing
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Report on Sentencing (LRC 53-1996)(
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Second Programme for examinationof
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Consultation <stro
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