Consultation Paper on the General Law of the Landlord and Tenant

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CHAPTER 15EJECTMENT15.01 An action of ejectment is an action to recover possession ofland and so will frequently be resorted to by landlords. 1 There arenumerous provisions relating to such actions in Deasy’s Act and thesedemonstrate that one of the main problems is the fact that there areseveral forms of ejectment, each with different rules. This causesconsiderable confusion amongst practitioners 2 and the case forrationalisation is clear. However, before discussing this subject, it isimportant to note that, as in the case of forfeiture, 3 there are statutoryrestrictions on this remedy. This is hardly surprising in that an actionof ejectment often has to be resorted to in order to effect a forfeitureagainst a tenant who refuses to vacate the premises. 4A Restrictions15.02 Section 27 of the Landlord and Tenant (Ground Rents) Act1967 prohibits the bringing of an action for ejectment for nonpaymentof rent, 5 as part of the protection afforded to tenants entitledto acquire the fee simple. 6 The Residential Tenancies Bill 2003 willconfine landlords of dwellings to obtaining termination of tenancies,and thereby possession, through the proposed new terminationprocedures. 7 Section 57(i) of the Bill as a consequence provides that1234567See Harrison The Law and Practice relating to Ejectments in Ireland(Hodges, Figgis & Co Ltd 1903). See also Deale The Law of Landlord andTenant in the Republic of Ireland (Incorporated Council of Law Reportingfor Ireland 1968) Part II Chapter 8; Wylie Irish Landlord and Tenant Law(2 nd ed Butterworths 1998) Chapter 27.Illustrated by Bank of Ireland v Lady Lisa Ireland Ltd [1992] 1 IR 404.See paragraph 14.02 above.See paragraphs 14.18 above and 15.08 below.See paragraph 15.05 below.See Wylie op cit chapter 31.See paragraph 14.02 above.179
a tenancy of a dwelling could not be terminated by notice of forfeitureor re-entry “or any other process or procedure”. Apart from suchdirect restrictions, there are various other indirect restrictions whichform part of provisions giving certain tenants statutory rights 8 orsecurity of tenure. 9 These provisions do not call for comment here.B Forms of Ejectment15.03 Sections 52-102 of Deasy’s Act contain a convoluted set ofprovisions relating to different forms of ejectment action. Asindicated earlier, there is clearly a need for considerablerationalisation and arguably there should be one basic form ofejectment only, capable of being invoked in all cases where a landlordneeds a court order to recover possession of the demised premises.This rationalisation should extend to the procedure and many of theprovisions in Deasy’s Act which relate to this should be governed byrules of court rather than by legislation. 10 The Commissionprovisionally recommends that the various forms of ejectment actionshould be consolidated into one form of action available in all caseswhere a landlord wishes to recover possession and all mattersconcerning procedure should be dealt with by rules of court ratherthan by primary legislation.C Non-Payment of Rent15.04 This is a special statutory action introduced for landlords inthe eighteenth century 11 and is governed by sections 52-58 of Deasy’sAct. 12 Unlike other forms of ejectment, 13 it is not primarily concerned89101112Eg the right of tenants to continue in undisturbed possession pending afinal judicial determination of whether a new tenancy or reversionary leasewill be granted: see sections 28 and 40 of the Landlord and Tenant(Amendment) Act 1980.Eg the right of tenants and members of their families to remain inpossession for the “relevant period” under section 16 of the Housing(Private Rented Dwellings) Act 1982. Note also the provisions relating tosecurity of tenure in Part 4 of the Residential Tenancies Bill 2003.Arguably the majority of sections 52-102 fall into this category.See the discussion in Russell v Moore (1880) 8 LR Ir 318; O’Sullivan vAmbrose (1892) 32 LR Ir 102; McSheffrey v Doherty [1897] 2 IR 191;Hardman v White [1946] Ir Jur Rep 68.See Dowling Ejectment for Non-payment of Rent (SLS Legal Publications180
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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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in service charges, so as to ensure
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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 187: mortgage it should have power to de
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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