Consultation Paper on the General Law of the Landlord and Tenant

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created by a written document. The Commission provisionallyrecommends that any new legislation on landlord and tenant lawshould reflect the use of more precise terminology along the linessuggested here. [Paragraphs 2.04 and 2.05]18.11 The Commission concludes that it is not appropriate at thisstage to recommend reform of the legislation governing contracts forthe grant of tenancies. [Paragraph 2.09]18.12 The Commission recommends that the words “or contract”in section 4 of Deasy’s Act should be dropped from any replacementlegislation, since that section applies to the grant of a tenancy ratherthan preliminary contracts for the grant of a tenancy. [Paragraph2.11]18.13 The Commission recommends that the alternative ofcreating a lease in writing, without use of a deed, should remainavailable in all cases where an oral arrangement is insufficient.[Paragraph 2.12]18.14 The Commission recommends that section 4 of Deasy’s Actshould be recast to provide that the following tenancies may becreated orally: (i) any periodic tenancy; (ii) any tenancy for a fixedperiod not exceeding one year, but not a tenancy for a fixed periodwith an option to renew which, if exercised, would result in thecombined periods exceeding one year. [Paragraph 2.15]18.15 The Commission recommends that the provisions ofsections 23 and 24 of Deasy’s Act, which concern proof of executionand proof of title, should be retained in some form. [Paragraph 2.16]18.16 The Commission takes the view that the consequences offailure to comply with a particular set of statutory requirements forexercise of leasing powers should be spelt out in the statute conferringthose powers. If that were done there would be no need forprovisions like the Leases Acts 1849 and 1850. On that basis theCommission recommends that the Leases Acts 1849 and 1850 shouldbe repealed without replacement. [Paragraph 2.17]18.17 The Commission recommends that section 5 of Deasy’s Actshould be repealed without replacement. [Paragraph 2.19]18.18 The Commission provisionally recommends that section 6of Deasy’s Act should be repealed and replaced by a comprehensive193
set of statutory provisions governing determination of periodictenancies. [Paragraph 2.20]18.19 The Commission is of the view that the provisions ofsection 7 of Deasy’s Act governing surrender are basically sound.[Paragraph 2.21]18.20 The Commission provisionally recommends that thereplacement of section 7 of Deasy’s Act should be expanded to giveguidelines as to what constitutes a surrender by act and operation oflaw. [Paragraph 2.22]18.21 The Commission recommends that the law governing theeffect of variations of tenancies should be clarified so as to make itclear that, unless the parties decide otherwise, a variation may beachieved without the need for a surrender and regrant. Such avariation should be capable of being carried out either by execution ofa deed or instrument in writing setting out the variation or by way ofendorsement on the existing lease. [Paragraph 2.24]18.22 The Commission takes the view that section 8 of Deasy’sAct should be clarified to make it clear that the position of sub-tenantsis also preserved. [Paragraph 2.25]18.23 The Commission is of the view that both section 9 of theReal Property Act 1845 and section 78 of the Landlord and Tenant(Amendment) Act 1980 should be preserved. [Paragraph 2.26]18.24 The Commission recommends that section 9 of Deasy’s Actis basically sound but that it should be made clear that it does notexclude the courts’ jurisdiction to apply equitable principles such asthe doctrine of estoppel. [Paragraph 2.29]Chapter 3 Successors in Title18.25 The Commission recommends that the duplicate statutoryprovisions governing successors in title (sections 12 and 13 ofDeasy’s Act and sections 10 and 11 of the Conveyancing Act 1881)should be amalgamated into a single provision or set of provisions,which should also remove the inconsistencies and uncertainties whichexist in the current statutory provisions. [Paragraph 3.01]18.26 The Commission recommends that the position ofsuccessors in title following assignment by the tenant should begoverned by a provision based on section 12 of Deasy’s Act: the newprovision should extend to all obligations intended to be part of the194
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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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against “unreasonable withholding
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obligations by the landlord, 50 is
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(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 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: the occupier of the land in questio
Page 205 and 206: comprehensively with part assignmen
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
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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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