Consultation Paper on the General Law of the Landlord and Tenant

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arguable that its advantages would outweigh the disadvantages ofpeaceable re-entry (where it is practicable). 52 The Commissionprovisionally recommends that a new procedure for effecting aforfeiture should be introduced, involving service of a Notice of Reentryon the tenant and lodgement of the Notice in court and, wherenecessary, issue of summary proceedings for possession.E Relief against Forfeiture14.21 This is another area where a distinction has to be madebetween forfeiture for non-payment of rent and forfeiture for otherbreaches of obligation. In the former case the relief is based entirelyon the courts’ general equitable jurisdiction. 53 In the latter case thereis a statutory right to relief under the Conveyancing Acts, 54 although itis not clear that this displaces the courts’ general jurisdiction. 55Notwithstanding this difference it is doubtful whether the courts applyany different principles in the two categories of cases. 56 There wouldappear, therefore, to be a case for the statutory provision to cover allcases. The Commission provisionally recommends that the right toapply for relief against forfeiture in all cases should be governed bythe same statutory provision.14.22 There are some points of doubt or difficulty which needaddressing. One is that the statutory relief under section 14 of theConveyancing Act 1881 is expressed to be available only from theHigh Court, but nevertheless, it is understood that it is commonlygranted in the Circuit Court. 57 This provision in section 14 is clearlyan inappropriate restriction, especially when the ejectmentproceedings have been brought in the Circuit Court. The Commissionprovisionally recommends that relief against forfeiture should be525354555657See paragraphs 14.17-18 above.Whipp v Mackey [1927] IR 372; Cue Club Ltd v Navaro Ltd SupremeCourt 23 October 1996.Section 14(2) of the 1881 Act; sections 4 and 5 of the 1892 Act.See Shiloh Spinners Ltd v Harding [1973] AC 691, 724-5 (per LordWilberforce).See Wylie op cit paragraph 24.21.See the definition in section 2(xviii).175
obtainable from the court in which the ejectment proceedings were orcould have been brought.14.23 It seems to be settled that the tenant can apply for relief,even after the landlord has obtained a possession order, at any timebefore the landlord takes possession under the court order. 58Furthermore if the landlord effects a peaceable re-entry, it appearsthat the tenant can thereafter still apply for relief, 59 but it is not clearwhat time-limit applies. 60 This does put the landlord in a difficultposition and is one of the disadvantages of such a “self help”remedy. 61 The Commission inclines to the view that the new Noticeof Re-entry procedure suggested earlier 62 calls for a reconsideration ofthe tenant’s right to apply for relief against the forfeiture. Given thatservice and lodgement of that Notice would bring about a forfeiture,there may be an argument for imposing a statutory time-limit forapplications for relief, say one month after service of the Notice onthe tenant. In order to bring certainty to the situation the Commissionis not inclined to suggest that the court should be given a discretion toextend the time-limit. Instead, it should be open to the court to awarddamages to any party, for instance a sub-tenant, 63 who can showprejudice through no fault of that party resulting from operation of thetime-limit. The Commission provisionally recommends that thereshould be a statutory time-limit for applications for relief againstforfeiture, but any party who can show prejudice through no fault ofthat party resulting from operation of the time limit should be able toclaim damages.14.24 It is provided by section 4 of the Conveyancing Act 1892that relief can be claimed by an “underlessee” and section 5 definesthis as including “any person deriving title under or from anunderlessee”. It is clear that this includes a mortgagee of the lessee’sinterest, since this is invariably created by a sub-demise. 64 What is,58596061626364West v Rogers (1888) 4 TLR 229; Rogers v Rice [1892] 2 Ch 170.Billson v Residential Apartments Ltd [1992] 1 All ER 141.Presumably, given that it is essentially equitable jurisdiction, the doctrineof laches (“delay defeats equity”) may apply.See paragraph 14.16 above.Paragraph 14.20 above.See paragraph 14.24 below.Wylie op cit paragraph 24.23.176
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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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on the landlord’s breach of repai
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Notwithstanding use of the title
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Page 149 and 150: (e)(f)(g)Should the remedy apply to
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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
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Page 183: 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
Page 215 and 216: the original sub-tenancy or mortgag
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
Page 228 and 229: Report on Privacy: Surveillance and
Page 230 and 231: Consultation <stro
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Consultation Paper on the General Law of the Landlord and Tenant

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