Consultation Paper on the General Law of the Landlord and Tenant

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(iii) the right of removal must be exercised before thetenancy ends, unless the determination is unexpectant andnot due to some act or default by the tenant; in the lattercase the tenant should have an additional period up to twocalendar months in which to remove property;(iv) in any event the right of removal must be exercisedwhen the tenant vacates the demised premises; if it is not soexercised the landlord should have the right to removetenant’s property for safekeeping and storage;(v) the landlord should have the right to dispose of propertyso removed, if not reclaimed by the tenant, or other partyentitled to it, within 14 days of the tenant vacating thedemised premises;(vi) the cost of storage should be recoverable from thetenant, and be payable before property is returned on areclaim, or else be deductible, together with any otherexpenses reasonably incurred, from the proceeds of disposalbefore these are paid over to the tenant;(vii) it should be made clear that in all cases the tenant’sright of removal continues to apply to renewed, extendedand varied tenancies;(viii) it should also be made clear that it is open to alandlord and tenant to agree expressly that the tenant mayremove property installed in accordance with anundertaking or obligation contained in the agreement forlease or lease itself;(ix) it should also be made clear that a tenant’s fixturesshould be regarded as remaining in the ownership of thetenant and at no point belonging to the landlord. [Paragraph4.19]Chapter 5 Obligations18.41 The Commission recommends the enactment of a newstatutory scheme governing landlord and tenant obligations. Such newlegislation should:-(i) promote purposes such as law reform, consumerprotection and statutory “default” provisions;197
(ii) take the form of a scheme of “overriding” obligations(not subject to contracting-out) and “default” obligations(subject to variation by the parties);(iii) limit the number of “overriding” obligations in order toaccord with the philosophy of freedom of contract,especially in the context of business tenancies;(iv) not interfere with legislation, both recent andimpending, governing residential tenancies. [Paragraph5.11]Chapter 6 Landlord’s Obligations18.42 The Commission recommends that the obligation for goodtitle in section 41 of Deasy’s Act should be retained as a “default”provision applicable to all tenancies, but limiting all liability to thelandlord’s own actions and those of persons claiming through, underor in trust for the landlord. [Paragraph 6.03]18.43 The Commission recommends that in any replacement ofsection 41 of Deasy’s Act the provision for quiet enjoyment shouldhave the more limited scope invariably adopted in express covenantsin leases. [Paragraph 6.05]18.44 The Commission recommends that the more limitedreplacement of the obligation relating to quiet enjoyment in section 41of Deasy’s Act should contain an overriding obligation. [Paragraph6.08]18.45 The Commission recommends that sections 81-83 ofDeasy’s Act, which deal with cottier tenancies, should be repealedwithout replacement. [Paragraph 6.14]18.46 In the light of the Residential Tenancies Bill 2003 theCommission recommends that it is not appropriate in general to makefurther statutory provision for repairing obligations on landlords.[Paragraph 6.16]18.47 The Commission recommends that where the lease or termsof a tenancy fail to deal with repairing obligations exhaustively, or notat all, any residual responsibility should lie with the landlord.[Paragraph 6.18]18.48 The Commission has reached the provisional conclusionthat the provisions governing landlords in the draft Defective198
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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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whether, in the absence of an expre
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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
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Page 187 and 188: mortgage it should have power to de
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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
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 and 204: set of statutory provisions governi
Page 205: comprehensively with part assignmen
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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