Consultation Paper on the General Law of the Landlord and Tenant

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tenancy, but it should be open to the original parties to prescribeexpressly that particular obligations are personal to them and are notto bind successors in title. [Paragraph 3.05]18.27 The Commission recommends that the position ofsuccessors in title following assignment by the landlord should begoverned by the same principles as apply following assignment by thetenant. [Paragraph 3.07]18.28 The Commission recommends that section 14 of Deasy’sAct should form the basis of the law governing the position of anassignee of both the landlord’s and tenant’s interest, but withoutprejudice to liability for continuing breaches of obligation; therequirement to give notice of an assignment on, in order to secure adischarge from further liability, should apply to both landlord andtenant assignees. [Paragraph 3.10]18.29 The Commission recommends that section 15 of Deasy’sAct should be amended to enable the parties to contract out of it andto extend it to cover a landlord assignee. [Paragraph 3.11]18.30 The Commission recommends that section 16 of Deasy’sAct should be extended to discharge tenants holding under an oraltenancy. [Paragraph 3.13]18.31 The Commission recommends that section 16 of Deasy’sAct should be amended so that the landlord’s consent need merely bein writing. [Paragraph 3.14]18.32 The Commission recommends that section 16 of Deasy’sAct should be amended to make it clear that it does not exclude thecourts’ jurisdiction to apply equitable principles such as the doctrineof estoppel. [Paragraph 3.15]18.33 The Commission recommends that, where a tenant is notrequired by the terms of the tenancy to seek consent to an assignment,the protection provided by section 16 of Deasy’s Act shouldnevertheless apply only where consent to the assignment is given bythe landlord. [Paragraph 3.16]18.34 The Commission recommends that a provision equivalent tosection 16 of Deasy’s Act should be introduced to protect originallandlords. [Paragraph 3.17]18.35 The Commission recommends that the new statutoryprovisions to govern the position of successors in title should deal195
comprehensively with part assignments and should make explicitprovision for severance or apportionment of rights and obligations asbetween all parties interested in the demised premises. [Paragraph3.20]18.36 The Commission recommends that the new statutoryprovisions to govern the position of successors in title should contain“default” provisions to govern part assignments by tenants in whichthe landlord did not join. [Paragraph 3.21]18.37 The Commission recommends that section 19 of Deasy’sAct, which would appear to restrict the head-landlord’s ability to seekforfeiture for non-payment of head-rent in respect of the portion ofthe premises occupied by the sub-tenant, should be repealed withoutreplacement. [Paragraph 3.24]18.38 The Commission recommends that section 20 of Deasy’sAct, which entitles the head-landlord, where the head-tenant defaultsin paying the head-rent, to require the sub-tenant to pay directly to thehead-landlord so much of the sub-rent as will discharge the arrears ofhead-rent, should be repealed without replacement. [Paragraph 3.25]18.39 The Commission recommends that section 21 of Deasy’sAct should be repealed without replacement. [Paragraph 3.26]Chapter 4 Fixtures18.40 The Commission recommends that the law relating totenants’ fixtures should be replaced by a new statutory provisionwhich entirely displaces the common law and all existing statutoryprovisions. The fundamental principle of this should be that theownership and other rights attaching to any items of property installedin the premises should be as set out in the lease. The statutoryprovision should then provide a set of “default” provisions to operatein the absence of such express provisions. The essence of the defaultprovisions should be:-(i) they should apply to any property installed in thepremises by the tenant, for whatever reason;(ii) the right of removal should be exercisable in all cases,subject to the landlord’s right to compensation for anydamage, however substantial, caused to the demisedpremises by the removal;196
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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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provisionally recommends that the p
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Page 157 and 158: 12.03 Merger is a doctrine of gener
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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
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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 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
Page 203: set of statutory provisions governi
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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Consultation Paper on the General Law of the Landlord and Tenant

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