Consultation Paper on the General Law of the Landlord and Tenant

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CHAPTER 13NOTICE13.01 Service of a notice to quit, by either the landlord on thetenant or the tenant on the landlord, is the standard method ofterminating a periodic tenancy. 1 Until such a notice is served theperiodic tenancy will continue to run from period to period (week toweek, month to month, year to year or whatever are the successiveperiods) indefinitely. No such notice is required in the case of atenancy for a fixed term, since it will end automatically, by naturalexpiration, at the end of the term in question. 2 That is not to say thattermination by notice never applies in the case of a fixed termtenancy, because it is common, particularly in commercial leases, tohave a “break” option, whereby the tenant may terminate the tenancyearly. 3 Similarly the landlord may have an option to terminate thetenancy early, such as a “put” or “call” option requiring the tenant tobuy out the landlord’s interest or to surrender the tenancy to thelandlord. 4 Exercise of such options usually involves service of anotice on the other party.13.02 The requirements for service of a notice in relation toexercise of an option, such as a break option, are usually set out in thelease conferring the option. Since they are essentially a matter ofcontract, dependant upon the agreement of the parties in the particularcase, there is little or no place for statutory regulation. What thischapter is concerned with, therefore, is notices to quit designed toterminate periodic tenancies. Since many, if not most, such tenanciesarise without any lease or other written document being entered into, 5the requirements concerning service of notices to quit are largely12345See Wylie Irish Landlord and Tenant Law (2 nd ed 1998) Chapter 23.Ibid paragraph 26.01.Ibid paragraph 20.14.Ibid paragraph 20.16.They often arise by implication: see Wylie op cit paragraph 4.13.157
ased upon common law principles, but there are some statutoryprovisions of relevance.A Agricultural Tenancies13.03 Various provisions governing notices to quit were containedin the nineteenth century legislation relating to tenancies ofagricultural and pastoral holdings. For example there were varioussections in the Landlord and Tenant (Ireland) Act 1870 dealing withnotices to quit, 6 and further provisions in the Notices to Quit (Ireland)Act 1896. These provisions ceased to have much relevance with thedisappearance of agricultural tenancies as a consequence of farmersacquiring the freehold under the Land Purchase Acts. There are signsof a revival in recent years, 7 largely confined to cases where a lease ortenancy is necessary if some particular subsidy or grant is to beobtained. It may be, therefore, that this subject will become ofincreasing significance again. The Commission takes the view thatthe whole subject of future agricultural tenancies, and what modernlegislation would be appropriate, should be considered as a separateexercise in the Landlord and Tenant Project. It will, therefore, reviewthe nineteenth century legislation referred to above as part of thatexercise.B Residential Tenancies13.04 Various provisions relating to “notices of termination” 8concerning tenancies of houses are contained in section 16 of theHousing (Miscellaneous Provisions) Act 1992. These require thenotice to be in writing and to be served not less than 4 weeks beforethe date on which it is to take effect. 9 The Residential Tenancies Bill2003 would introduce much more detailed provisions to governtermination of tenancies of dwellings. 10 These are designed to be678910Eg sections 57, 58 and 69.The “disapplying” of provisions in the nineteenth century Landlord andTenants Act by the Land Act 1984 (section 3), which was intended tofacilitate a revival of agricultural tenancies, seems to have had a limitedimpact.The 1992 Act does not use the expression “notice to quit”.Section 16(1).Part 5.158
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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
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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
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Page 134 and 135: CHAPTER 9SERVICE CHARGES9.01 It has
Page 136: in service charges, so as to ensure
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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
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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
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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
Page 177 and 178: obligation by any tenant unless exc
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Page 181 and 182: “reasonable time” may vary from
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
Page 196: CHAPTER 16LIMITATION OF ACTIONS16.0
Page 199 and 200: 1707 Administration of Justice Act
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Page 211 and 212: Chapter 11 Insurance18.73 The Commi
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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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