Consultation Paper on the General Law of the Landlord and Tenant

CHAPTER 17NEW LEGISLATION17.01 In accordance with the guiding principles of the Landlordand Tenant Project, 1 it is envisaged that new legislation on the generallaw of landlord and tenant will consolidate the numerous pre-1922statutes which remain in force. 2 An important aspect of the Project isa review of this legislation with a threefold purpose: (1) identifyingwhat can be repealed without replacement, as being obsolete,unnecessary or inappropriate in modern times; (2) identifying withrespect to what should be retained, any amendments necessary toensure that what is kept achieves its purpose in the modern context;(3) considering how what is retained can be consolidated so as tomake it readily accessible to users (in particular, legal practitioners)and recast in plain language, in accordance with the Commission’sReport on Statutory Drafting and Interpretation: Plain Languageand the Law. 317.02 This review is an on-going exercise and will not becompleted until further work is done on the subject of agriculturaltenancies. 4 It may, however, be useful at this stage to provide apreliminary list of the pre-1922 statutes, or parts of such statutesrelating to landlord and tenant matters, 5 likely to be replaced in theconsolidation process. The preliminary list, according to datesequence is:-12345See Introduction paragraph 2 above.It is, of course, also envisaged that consolidation of post-1922 statutes willoccur. The <strong>Consultation</strong> <strong>Paper</strong> on Business Tenancies (LRC CP21-2003)referred to consolidation of legislation like the Landlord and Tenant Acts:see paragraph 3.47.LRC 61-2000.See paragraph 10.03 above. The post-1922 ground rents and reversionaryleases legislation is also being reviewed.The remaining parts are likely to be replaced as part of the review of pre-1922 statutes relating to property law generally being carried out as part ofthe Commission’s e-Conveyancing Project.189