Consultation Paper on the General Law of the Landlord and Tenant

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so the landlord in a particular case may be left uncertain as to whenthe forfeiture can be effected. This problem is returned to later. 2914.13 The third thing required in the notice is that “in any case”the landlord must call upon the tenant “to make compensation inmoney for the breach”. This will often not be what the landlordwants, in that, the preference would be for the tenant to rectify thebreach. It is, therefore, not surprising that the courts have long takenthe view that, notwithstanding the wording of section 14, the landlordneed not claim compensation if it is not wanted. 30 It has, as aconsequence, been held that a failure to call for it does not invalidatethe notice. 31 The Commission is of the view that this requirementshould be dropped.14.14 The Commission inclines to the view that there is scope forsimplifying the requirements laid down in section 14 of theConveyancing Act 1881. Arguably all that should be strictlynecessary is that before a landlord seeks to forfeit a tenancy forbreach of obligation by the tenant, the tenant should be given somewarning and the opportunity to rectify the situation. On that basis theminimum requirement should be that the landlord gives notice of theintention to forfeit and specifies the ground, namely, what the allegedbreach of obligation is. That should be sufficient to enable the tenantto accept the allegation and rectify the breach or to challenge theallegation. The issue of what time should be allowed bears on whenthe landlord can proceed with the forfeiture and is discussed below. 32The Commission provisionally recommends that the requirements fora forfeiture notice should be simplified and confined to notifying thetenant of the intention to forfeit and identifying the breach ofobligation relied upon.14.15 Section 14 then goes on to provide that the forfeiture doesnot operate unless the tenant fails to remedy the breach “within areasonable time” after service of the notice. 33 Again what is a2930313233Paragraph 14.15 below.Lock v Pearce [1893] 2 Ch 271.Walsh v Wightman [1927] NI 1, 11 (per Andrews LJ)Paragraph 14.15.Or to make “reasonable compensation in money, to the satisfaction of thelessor”. See paragraph 14.13 above.171
“reasonable time” may vary from case to case. In practice, where thelandlord seeks to effect the forfeiture by obtaining a court order forpossession, 34 the “reasonableness” will be judged by the court whenthe action is heard. 35 The position is not so clear where the landlordeffects the forfeiture by a “peaceable” re-entry – presumably the onusis on the tenant to bring proceedings to challenge this. This leads tothe vital issue of how the landlord effects the forfeiture.D Effecting the Forfeiture14.16 This is a subject involving several difficulties. First, asindicated in the previous paragraph, it is clear that it is always open toa landlord to effect a “peaceable” re-entry, ie, without resorting to anycourt proceedings. 36 There are, however, a number of problems. Oneis, as indicated above, 37 that the re-entry may be precipitate, in thatinsufficient time has been allowed to the tenant to remedy the breachand so the tenant may be entitled to challenge the re-entry. 38 Anotheris that great care must be exercised, especially if the tenant resists there-entry, that criminal offences are not committed, ranging fromoffences against the person (tenant) to offences against the property(eg, “forcible entry” 39 ). Another is that, having achieved a successful“peaceable” re-entry, the landlord remains subject to the risk that thetenant will subsequently apply for relief against the forfeiture andsucceed in this. 40 Thus the landlord must be cautious about re-letting34353637383940Ie by an ejectment action: see paragraphs 14.18 and 15.07 below.And if the court is not satisfied that the tenant has been given sufficienttime the action will fail. See Crofter Properties Ltd v Genport Ltd HighCourt 15 March 1996, Supreme Court 16 March 2001 and 9 July 2002.Sweeney Ltd v Powerscourt Shopping Centre Ltd [1984] IR 501.Paragraph 14.15.It is also settled that even though the landlord has physically re-entered anddispossessed the tenant, the tenant may still apply for relief against theforfeiture: Monument Creameries Ltd v Carysfort Estates Ltd [1967] IR462; Billson v Residential Apartments Ltd [1992] 1 All ER 141; WG Clark(Properties) Ltd v Dupre Properties Ltd [1992] 1 All ER 596.See the Prohibition of Forcible Entry and Occupation Act 1971 which didnot repeal earlier legislation like the Forcible Entry Acts (Ireland) 1634and 1786. See the remarks of Carroll J in Sweeney Ltd v PowerscourtShopping Centre Ltd [1984] IR 501, 504.See footnote 38 above and paragraph 14.23 below.172
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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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overholding. 47 The Commission prov
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Page 134 and 135: CHAPTER 9SERVICE CHARGES9.01 It has
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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 and 178: obligation by any tenant unless exc
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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
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Page 211 and 212: Chapter 11 Insurance18.73 The Commi
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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
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