Consultation Paper on the General Law of the Landlord and Tenant

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agricultural land, mines or minerals, pubs, furnished dwellings or the“personal qualifications” of the tenant are important to the landlord.These convoluted provisions must be of doubtful significancenowadays and are difficult to square with the special legislationrelating to bankruptcy and dwellings referred to earlier. 18 TheCommission provisionally recommends that the exclusions from theprocedural requirements in section 14 of the Conveyancing Act 1881should be repealed.14.09 The procedural requirements in section 14 apply only toforfeiture of a “lease”, which includes a sub-lease and agreement for alease. 19 The Commission inclines to the view that the proceduralrequirements should apply to all tenancies, whether oral or created bya written document. The Commission provisionally recommends thatthe procedural requirements should apply to all tenancies, whethercreated orally or by a written document, and to all agreements for thegrant of a tenancy.14.10 The section 14 procedure requires the landlord to serve anotice on the tenant covering a number of matters. The formalitiesfor service are governed by section 67 of the Act and seem generallysatisfactory. However, it was held in Foott v Benn 20 that where thetenant has died, and no representation has been raised, the notice canbe served on the person in possession. 21 It might be useful to givestatutory recognition to this rule, and that the provisions of section 67governing affixing or leaving the notice at the premises or sending aregistered letter should apply to cover the case where there is noperson in possession. In Bank of Ireland Finance Ltd v McSorley 22Murphy J held that a forfeiture notice addressed to and served on onlyone of two joint tenants was defective. Yet service of a notice to quit1819202122Paragraphs 14.02-3 above.But only an enforceable agreement: see Enock v Jones Estates Ltd [1983]ILRM 532.(1844) 18 ILTR 10. See also Sweeny v Sweeny (1876) IR 10 CL 375.By analogy with a notice to quit: see Kelly v Tallon (1950) 84 ILTR 196;Hill v Carroll [1953] IR 52; O’Sullivan & Sons Ltd v O’Mahony [1953] IR125.High Court 24 June 1994. Murphy J took the view that the same principleapplied to service of a notice to quit.169
y one joint tenant is sufficient to end the joint tenancy 23 and there issome authority for the proposition that a service on one is evidence ofservice on them all. 24 The Commission inclines to the view that thesame rule should apply to service on one joint tenant as applies toservice by one joint tenant. The Commission provisionallyrecommends that a forfeiture notice should be valid, in the case of adead tenant in respect of whom no representation has been raised, ifit is served on the person in possession of the demised premises andthat section 67 of the Conveyancing Act 1881 should apply to coverthe case where there is no person in possession; further that serviceupon one joint tenant of a jointly held tenancy should be valid asagainst all the joint tenants.14.11 The requirements as to the contents of the notice laid downin section 14 are also somewhat complicated. The landlord isrequired to specify three things. The first is the “particular breachcomplained of”, but it is not entirely clear what degree of detail isrequired. 25 Nevertheless the Commission considers it to be entirelyreasonable to require the landlord to inform the tenant of the breach ofobligation justifying the forfeiture.14.12 The second thing required in the notice is to call upon thetenant to remedy the breach “if the breach is capable of remedy”.Which breaches fall into this category has been a matter of somecontroversy and in modern times the courts seem to be very reluctantto find that any breach comes within it. 26 Arguably the concept couldbe dropped. Conversely, section 14 does not require the landlord tospecify the remedy sought, 27 but it has been held that the tenant mustbe given sufficient time in which to remedy the breach. 28 Theproblem is that what this amounts to may vary from case to case and232425262728Hammersmith and Fulham London Borough Council v Monk [1992] 1 AllER 1; Harrow London Borough Council v Johnstone [1997] 1 All ER 929.Pollock v Kelly (1856) 6 ILCR 367.See the discussion in McIlvenny v McKeever [1931] NI 161.See ETS Vehicles Ltd v Fargate Developments Ltd [1997] NI 25, followingExpert Clothing Service and Sales Ltd v Hillgate House Ltd [1986] Ch340.Piggott v Middlesex County Council [1969] 1 Ch 134.Walsh v Wightman [1927] NI 1, 11 (per Andrews LJ). See also McIlvennyv McKeever [1931] NI 161.170
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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.
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CHAPTER 7TENANT’S OBLIGATIONS7.01
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CHAPTER 8RENT AND OTHER PAYMENTS8.0
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8.04 Section 42 of Deasy’s Act do
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until the last gale day of the curr
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one. 33 Disputes as to the new rent
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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 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
Page 177: obligation by any tenant unless exc
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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
Page 201 and 202: the occupier of the land in questio
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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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Page 218 and 219: APPENDIXLIST OF LAW REFORM COMMISSI
Page 220 and 221: Working Paper No 1
Page 222 and 223: Report on the Liability in Tort ofM
Page 224 and 225: Eleventh (Annual) Report (1989) (Pl
Page 226 and 227: Report on Occupiers’ Liability (L
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Report on Privacy: Surveillance and
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