Consultation Paper on the General Law of the Landlord and Tenant

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CHAPTER 16LIMITATION OF ACTIONS16.01 The application of the Statute of Limitations 1957, and thedoctrine of adverse possession to leasehold situations has proved to bea very controversial area of the law. 1 However, there is no need to gointo the subject in this <strong>Consultation</strong> <strong>Paper</strong> because it was dealt with ina recent Report published by the Commission. 216.02 It should also be noted that the 1957 Statute contains specialprovisions relating to tenancies at will 3 and yearly or other periodictenancies created orally. 4 These provisions were also reviewed by theCommission and were the subject of recommendations in an earlierReport. 5 The Commission reiterates the recommendations containedin earlier reports relating to limitation of actions, namely its 1989Report on Land Law and Conveyancing Law: (1) General Proposals(paragraphs 54-55) and its 2002 Report on Title by AdversePossession of Land.12345See, in particular, the Supreme Court’s decision in Perry v WoodfarmHomes Ltd [1975] IR 104. See also Brady and Kerr The Limitation ofActions (2 nd ed Incorporated Law Society of Ireland 1994) Chapter 4;Wylie Irish Landlord and Tenant Law (2 nd ed Butterworths 1998) Chapter28.Report on Title by Adverse Possession of Land (LRC 67-2002). Chapter 3of this deals particularly with leasehold situations.Section 17(1). See Wylie op cit paragraphs 4.32-3.Section 17(2). See ibid paragraphs 4.17 and 4.20.Report on Land Law and Conveyancing Law: (1) General Proposals (LRC30-1989) paragraphs 54-55.187
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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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namely permissive, voluntary, ameli
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section 42 implied obligation shoul
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sensible provisions, which are usua
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Page 149 and 150: (e)(f)(g)Should the remedy apply to
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Page 155 and 156: (e)(f)Tenant to be liable for incre
Page 157 and 158: 12.03 Merger is a doctrine of gener
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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 and 178: obligation by any tenant unless exc
Page 179 and 180: y one joint tenant is sufficient to
Page 181 and 182: “reasonable time” may vary from
Page 183 and 184: ent and other payments may be accum
Page 185 and 186: obtainable from the court in which
Page 187 and 188: mortgage it should have power to de
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 198 and 199: CHAPTER 17NEW LEGISLATION17.01 In a
Page 200 and 201: CHAPTER 18SUMMARY OF RECOMMENDATION
Page 202 and 203: created by a written document. The
Page 204 and 205: tenancy, but it should be open to t
Page 206 and 207: (iii) the right of removal must be
Page 208 and 209: Premises Bill appended to its earli
Page 210 and 211: 18.65 The Commission recommends tha
Page 212 and 213: cause the insurance policy to becom
Page 214 and 215: 18.91 The Commission recommends tha
Page 216: 18.107 The Commission reiterates th
Page 219 and 220: Working Paper No 5
Page 221 and 222: Report on Nullity of Marriage (LRC9
Page 223 and 224: Ninth (Annual) Report (1986-1987)(P
Page 225 and 226: Report on Land Law andConveyancing
Page 227 and 228: Report on Sentencing (LRC 53-1996)(
Page 229 and 230: Second Programme for examinationof
Page 231: Consultation <stro
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