Consultation Paper on the General Law of the Landlord and Tenant

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perhaps, not so clear is what the position is where the lease is ofregistered land, because a mortgage of such land can be created onlyby a charge and not by sub-demise. 65 This point ought to be clarified.The Commission provisionally recommends that it should be madeclear that a chargee of a registered lease is entitled to apply for reliefagainst its forfeiture.14.25 Where relief is granted to the tenant, this restores theoriginal tenancy as if no forfeiture had occurred and the landlord canclaim rent and other payments accordingly. 66 However, where reliefis granted to a sub-lessee or mortgagee under section 4 of theConveyancing Act 1892, the vesting order provided for creates a newtenancy or new security. 67 It is arguable that the court should havediscretion to restore the original sub-tenancy, especially if thelandlord would prefer this. As the law stands under section 4, it is notclear what the position is as regards rent and other payments in theinterim period between the landlord instituting possessionproceedings and the sub-lessee or mortgagee obtaining a vesting orderfor a new tenancy or security. 68 Furthermore it appears that section 4does not permit the court to grant a new term longer than the subtenancy,nor does it give any guidance as to the terms of the newtenancy created by the vesting order. 69 These matters ought to beclarified. The Commission provisionally recommends that reliefagainst forfeiture granted to a sub-tenant or mortgagee should becapable of restoring the original sub-tenancy or mortgage as if noforfeiture of the head-lease had occurred and that the court shouldhave wide powers to determine the position of the partiesaccordingly. Where the court decides to confer a new tenancy or6566676869Section 62 of the Registration of Title Act 1964. There is no equivalent ofsection 87 of the English Law of Property Act 1925, which provides that acharge by way of legal mortgage operates as if the chargee obtained a subtermless by one day the mortgagor’s (lessor’s) term: see Grand JunctionCo Ltd v Bates [1954] 2 All ER 385.See the discussion in Maryland Estates Ltd v Bar Joseph [1998] 3 All ER193.Chelsea Estates Investment Trust Co v Marche [1955] Ch 328.Official Custodian for Charities v Mackey [1984] 3 All ER 689, on appeal[1985] 2 All ER 1016.It has been held in England that the court may vary the rent: see Ewart vFryer [1901] 1 Ch 489.177
mortgage it should have power to determine the terms, includingpower to vary the previous terms applicable to the parties.F Consequences of Forfeiture14.26 The general rule is that a valid forfeiture operates todetermine the tenancy in full and thereafter deprives the landlord ofany remedies based on continuance of the tenancy. 70 However, it washeld by the Northern Ireland Court of Appeal that the landlord canstill sue the tenant for damages to compensate for loss arising fromthe forfeiture, for instance, loss of rent arising from being able to reletonly at a lower rent. 71 The Commission considers that this pointought to be confirmed by statute and furthermore that such damagesshould include costs and expenses incurred by the landlord, forexample, from having to advertise the property and having a newlease drawn up. The Commission provisionally recommends thatthere should be statutory confirmation that a landlord can claimdamages for losses, plus costs and expenses, consequential on havingto forfeit the tenancy and relet the premises.7071O’Reilly v Gleeson [1975] IR 258, 274 (per Henchy J).Rainey Brothers v Kearney [1990] NI 18.178
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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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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 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
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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
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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