Consultation Paper on the General Law of the Landlord and Tenant

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Premises Bill appended to its earlier Report on Defective Premises(LRC 3-1982) should be adopted, but extended to cover “legal”unfitness as well as “physical” unfitness. [Paragraph 6.19]18.49 The Commission recommends that the provisions of section12(1)(e) and (f) of the Residential Tenancies Bill 2003, dealing withthe landlord’s obligation to notify the tenant of his or her identity orthat of any agent, should be extended, in some form or other, totenancies in general. [Paragraph 6.22]18.50 The Commission recommends that there is no need toextend the provisions of section 12(1)(d) of the Residential TenanciesBill 2003, which deals with the landlord’s obligation to return orrepay any deposit paid by the tenant on entering into the agreementfor the tenancy or the lease, to other categories of tenancies.[Paragraph 6.23]18.51 The Commission recommends that Part 7 of the ResidentialTenancies Bill 2003 should not be extended to other categories oftenancies. [Paragraph 6.24]Chapter 8 Rent and Other Payments18.52 The Commission recommends that the implied obligation topay rent contained in section 42 of Deasy’s Act should be replaced byan overriding obligation to pay the rent or other consideration payableunder a tenancy of any kind, however created. [Paragraph 8.03]18.53 The Commission recommends that there should be astatutory “default” provision to specify how, but not on what days, therent or other consideration should be paid. [Paragraph 8.04]18.54 The Commission has reached the preliminary conclusionthat the statutory provisions relating to apportionment of rent andother periodical sums payable under a tenancy should be consolidatedinto a single provision operating as a “default” provision. [Paragraph8.08]18.55 The Commission recommends that in the case of nonresidentialtenancies it would be appropriate to provide a statutorymodel of rent review clauses, to operate as “default” provisions or asprovisions which the parties would be free to adopt in full or adapt tothe circumstances of the particular case. [Paragraph 8.12]18.56 The Commission recommends that section 66 of Deasy’sAct ought to be extended to cover all cases of recovery of possession199
y the landlord thereby making it clear in every instance that rent isrecoverable up to the date possession is actually recovered.[Paragraph 8.14]18.57 The Commission recommends that the confusion betweenan action for use and occupation of land and an action for mesneprofits or rates in Deasy’s Act should be cleared up. [Paragraph 8.15]18.58 The Commission recommends that the tenant’s right of setoffunder section 48 of Deasy’s Act ought to apply to all proceedingswhich a landlord may bring against the tenant in respect of breach ofobligations by the tenant. [Paragraph 8.16]18.59 The Commission recommends that the tenant’s right of setoffshould apply to both liquidated and unliquidated damages. Atenant who wishes to avail of set-off should be obliged to substantiatethe claim in the landlord’s proceedings in order to avoid unnecessarydelays. [Paragraph 8.17]18.60 The Commission recommends that the right of distressshould now be abolished altogether. [Paragraph 8.18]18.61 The Commission recommends that the statutory action ofejectment for non-payment of rent should be abolished. [Paragraph8.20]18.62 The Commission provisionally recommends that section 42of Deasy’s Act should be clarified by replacing it with a “default”provision imposing on the tenant liability, where applicable to theparticular demised premises, for rates, outgoings and charges forservices enjoyed by the tenant and certain taxes which are usuallypassed on to the tenant, such as VAT. [Paragraph 8.22]Chapter 9 Service Charges18.63 The Commission is of the view that while some legislationon the subject of service charges may be appropriate, it must reserveits position on its form, scope and content until it has carried out afurther review of multi-unit developments. [Paragraph 9.04]Chapter 10 Repairs18.64 The Commission recommends that the law of waste shouldno longer apply as between landlords and tenants and that sections25-39 of Deasy’s Act should be repealed without direct replacement.[Paragraph 10.05]200
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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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(e)(f)Tenant to be liable for incre
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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 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
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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 and 206: comprehensively with part assignmen
Page 207: (ii) take the form of a scheme of
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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