Consultation Paper on the General Law of the Landlord and Tenant

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cause the insurance policy to become void or voidable, orwhich results in an increase in premiums;(vii) Building’s insurance to be in joint names of the parties,or to be expressed for the benefit of both, so as to avoid thetenant being faced with a subrogation claim by thelandlord’s insurer, unless the insurer agrees to waivesubrogation rights.Chapter 12 Determination of Tenancies18.77 The Commission recommends that there should be astatutory presumption that where a greater and lesser estate in landvest in the same person or body, without any intermediate estate orinterest being outstanding, a merger takes place, unless the instrumentbringing about the vesting contains an express provision to thecontrary; such a merger should not prejudice any rights, includingstatutory rights, previously attaching to the lesser (leasehold) estate.[Paragraph 12.03]18.78 The Commission recommends that section 9 of the RealProperty Act 1845, which provides that where a head-tenant acquiresa head-landlord’s interest, the head-landlord’s reversionary interestshould be deemed thereafter to be the reversion on the sub-tenancies,should extend to all tenancies. [Paragraph 12.04]18.79 The Commission reiterates its recommendation in paragraph12 of its Report on Land Law and Conveyancing Law: (1) GeneralProposals (LRC 30-1989) for legislation confirming that partialmerger may occur in appropriate cases. [Paragraph 12.05]18.80 The Commission recommends that the position followingdisclaimer of the tenancy on insolvency of the tenant should beclarified and that there should be no distinction between an individualand company tenant. In both cases, unless there are third partyinterests to be protected, the tenancy should be regarded as terminatedand the landlord should be left to make claims in the insolvency.[Paragraph 12.08]18.81 The Commission has reached the preliminary conclusionthat the doctrine of denial of title should no longer apply as betweenlandlords and tenants. [Paragraph 12.09]203
18.82 The Commission recommends that section 65 of theConveyancing Act 1881 should be repealed without replacement.[Paragraph 12.11]18.83 The Commission recommends that general statutoryprovisions to clarify and simplify the law relating to notices to quitshould be introduced for all tenancies not covered by specificlegislation. [Paragraph 13.07]18.84 The Commission recommends that, where a head-tenancy isterminated by a notice to quit or exercise of a break or other option, itshould be open to any sub-tenant to apply to the court for equitablerelief to be granted at the discretion of the court, unless the position isgoverned by some other statutory provision. [Paragraph 13.10]18.85 The Commission recommends that the potential loss ofstatutory rights should be a factor to be taken into account by thecourt in considering whether a sub-tenant should be granted reliefwhere the head-tenancy is terminated by notice to quit or exercise of abreak or other option. [Paragraph 13.11]Chapter 14 Forfeiture18.86 The Commission recommends that it should be made clearthat section 49 of the Bankruptcy Act 1988 cannot be circumvented bya peaceable re-entry and that an equivalent of section 49 ought toapply in the case of a company tenant going into liquidation.[Paragraph 14.03]18.87 The Commission recommends that the remedy of forfeitureshould remain available to landlords of properties other thandwellings. [Paragraph 14.04]18.88 The Commission provisionally recommends that the right offorfeiture and re-entry should apply to any breach of obligation byany tenant unless excluded by statute or an express provision.[Paragraph 14.06]18.89 The Commission has reached the preliminary conclusionthat the same, much simplified, procedure should apply to allforfeitures, whatever the nature of the breach of obligation.[Paragraph 14.07]18.90 The Commission recommends that the exclusions from theprocedural requirements in section 14 of the Conveyancing Act 1881should be repealed. [Paragraph 14.08]204
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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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eiterates the recommendation of leg
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Page 170 and 171: D Sub-Tenants13.08 It may be conven
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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
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Page 209 and 210: y the landlord thereby making it cl
Page 211: Chapter 11 Insurance18.73 The Commi
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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