Consultation Paper on the General Law of the Landlord and Tenant

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18.65 The Commission recommends that the tenant’s repairingobligation under section 42 of Deasy’s Act should not extend toputting into repair or improving the condition in which the demisedpremises are in at the commencement of the tenancy. [Paragraph10.07]18.66 The Commission recommends that the tenant’s repairingobligation under section 42 of Deasy’s Act should not involve strictliability and should require only that reasonable steps are taken todeal with any disrepair promptly. [Paragraph 10.08]18.67 The Commission recommends that the tenant’s repairingobligation under section 42 of Deasy’s Act should contain anexclusion for normal wear and tear. [Paragraph 10.09]18.68 The Commission recommends that the scope of the tenant’simplied repairing obligation under section 42 of Deasy’s Act shouldbe extended, but on a variable basis only, along the lines of section16(c), (d), (e) and (g) of the Residential Tenancies Bill 2003.[Paragraph 10.10]18.69 The Commission recommends that the landlord should havethe variable right to carry out repairs for which the tenant isresponsible and to recoup the costs and expenses from the tenant.[Paragraph 10.13]18.70 The Commission recommends that it should be made clearby statute that it is permissible for a landlord to make it a condition ofconsent to an assignment that either the tenant or the assigneecomplies with repairing obligations within a reasonable specifiedtime. [Paragraph 10.14]18.71 The Commission recommends that, if a tenant continues inpossession despite the landlord’s failure to perform obligations suchas a repairing one, the tenant should have a statutory right to claimdamages for physical inconvenience and discomfort. [Paragraph10.15]18.72 The Commission recommends that consideration should begiven to providing tenants with some sort of statutory right towithhold rent and other payments where the landlord’s breaches ofobligations have a substantial effect on the tenant’s enjoyment of thedemised premises. [Paragraph 10.20]201
Chapter 11 Insurance18.73 The Commission recommends that the protection conferredon certain lessees by section 30 of the Landlord and Tenant (GroundRents) Act 1967, concerning freedom to seek insurance cover, shouldbe extended to all tenants. [Paragraph 11.02]18.74 The Commission recommends that a covenant or agreementexcepting an obligation to do repairs relating to “insured risks” shouldstill exclude the tenant’s right of surrender under section 40 ofDeasy’s Act. [Paragraph 11.04]18.75 The Commission recommends that the tenants comingwithin section 40 of Deasy’s Act should be entitled to require thatinsurance proceeds be used to reinstate the premises, as an alternativeto surrender. If no insurance proceeds are available, or if the premisescannot be reinstated, the tenant should still have the right ofsurrender, but in the latter case, the landlord should be entitled to anyinsurance proceeds which are available. [Paragraph 11.07]18.76 The Commission considers that the following matters wouldbe appropriate for inclusion in a set of statutory “default” provisionsappropriate for all tenancies:(i) Liability for insuring the building or buildings, and anylandlord’s fixtures, to be on the landlord;(ii) Liability for insuring the contents, including tenant’sfixtures, to be on the tenant;(iii) Insurance for buildings to be for full reinstatement cost,plus an inflationary element where the landlord arranges,but the tenant pays for it; the tenant to be entitled toexplanation of how cover and costs are calculated and, ifconsidered necessary, to insist upon increase in cover;(iv) Where there is a deficiency in insurance proceeds tocover the risk supposed to be covered, party underobligation to arrange insurance to make up deficiency;(v) Tenant to be liable for increases in premiums relating tohazardous activities only if responsible for those activities;(vi) Tenant to be under an obligation not to do or permitanything to be done on the demised premises which might202
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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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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
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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 and 204: set of statutory provisions governi
Page 205 and 206: comprehensively with part assignmen
Page 207 and 208: (ii) take the form of a scheme of
Page 209: y the landlord thereby making it cl
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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