Consultation Paper on the General Law of the Landlord and Tenant

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comprehensive and exhaustive, in the sense that such a tenancy could,in future, only be terminated in accordance with the Act’sprocedures, 11 whatever the reason for the termination. 12 Theseprovisions govern the requirements for a valid notice of termination, 13the period of notice to be given 14 and the position of sub-tenants whena head-tenancy is terminated. 15 It would clearly be inappropriate forthe Commission to comment at this stage on such proposed newlegislation promoted by the Government. The issue for this<strong>Consultation</strong> <strong>Paper</strong> is whether legislation should be proposed fortenancies not falling into the agricultural or residential categories,namely business tenancies or mixed use tenancies.C Business and Mixed Use Tenancies13.05 Business and mixed use tenancies remain governed largelyby the common law which has been developed over the centuries.This is characterised by numerous points of doubt and areas ofuncertainty. 16 In some instances these concern the actual rule orrequirement, for example, in relation to the period of notice whether itshould expire on a particular date, such as the anniversary of thecommencement of the tenancy, or at the end of a period or on a galeday. 17 In other instances the practitioner is in great difficulty inapplying the rules because it is not clear what type of periodic tenancyexists (weekly, monthly, yearly or whatever) or when vital eventsoccurred (such as the date of commencement of the tenancy). Theconstant risk faced by the practitioner, and, therefore, the client onwhose behalf the notice is served, is that the purported notice to quit11121314151617Section 57.Thus in the case of a breach of obligation by the tenant the landlord wouldno longer be able to invoke a re-entry clause in order to effect a forfeiture:see Chapter 14 below.Part 5 Chapter 2.Chapter 3.Chapter 4 and the Schedule. Sections 72 and 73 deal with termination inthe case of a property occupied by multiple tenants.See Wylie op cit paragraph 23.07.Ibid paragraphs 23.11, 23.13 and 23.14.159
which has been served will prove to be invalid. Hence the need totake the precaution of providing a “slip” provision in the notice. 1813.06 The Commission is of the view that practitioners wouldwelcome legislation which clarifies the common law rules andintroduces some certainty and simplicity. In particular the statutoryprovisions should be easy to operate, so that in future practitionerscan feel secure in the knowledge that a notice which has been serveddoes not run the of risk of being held to be invalid. The Commissionis not convinced that it would be appropriate to extend to business andmixed use tenancies the provisions contained in the ResidentialTenancies Bill 2003. Those are designed to complement theprovisions conferring security of tenure on tenancies of dwellings, 19hence the displacement of other methods of termination usuallyavailable. 20 No such displacement is contemplated for business ormixed use tenancies.13.07 The Commission inclines to the view that in the case oftenancies not covered by specific legislation, like the ResidentialTenancies Bill, there should be general legislation which provides formatters such as the following: (1) where it is uncertain what categoryof periodic tenancy exists, a minimum statutory period of notice (say3 months) should be sufficient; (2) a notice served for the statutoryperiod should be in writing; (3) in any case, whether a common law orstatutory period of notice, the notice could be served at any time andend on any date (provided the period of the notice is sufficient); (4)some guidance on the procedure for service. 21 The Commissionprovisionally recommends that general statutory provisions to clarifyand simplify the law relating to notices to quit should be introducedfor all tenancies not covered by specific legislation.18192021See Wylie op cit paragraph 23.20.In Part 4 of the Bill.Such as forfeiture for breach of obligation: see paragraph 13.04 above.Eg adapting to notices to quit the provisions of section 67 of theConveyancing Act 1881 (which apply only to notices served under thatAct): see Wylie op cit paragraph 23.30.160
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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
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6.19 It was mentioned earlier that
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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
Page 143 and 144: sensible provisions, which are usua
Page 145 and 146: against “unreasonable withholding
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
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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
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
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
Page 199 and 200: 1707 Administration of Justice Act
Page 201 and 202: the occupier of the land in questio
Page 203 and 204: set of statutory provisions governi
Page 205 and 206: comprehensively with part assignmen
Page 207 and 208: (ii) take the form of a scheme of
Page 209 and 210: y the landlord thereby making it cl
Page 211 and 212: Chapter 11 Insurance18.73 The Commi
Page 213 and 214: 18.82 The Commission recommends tha
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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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