Consultation Paper on the General Law of the Landlord and Tenant

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18.91 The Commission recommends that the proceduralrequirements should apply to all tenancies, whether created orally orby a written document, and to all agreements for the grant of atenancy. [Paragraph 14.09]18.92 The Commission recommends that a forfeiture noticeshould be valid, in the case of a dead tenant in respect of whom norepresentation has been raised, if it is served on the person inpossession of the demised premises and that section 67 of theConveyancing Act 1881 should apply to cover the case where there isno person in possession; further that service upon one joint tenant of ajointly held tenancy should be valid as against all the joint tenants.[Paragraph 14.10]18.93 The Commission recommends that the requirements for aforfeiture notice should be simplified and confined to notifying thetenant of the intention to forfeit and identifying the breach ofobligation relied upon. [Paragraph 14.14]18.94 The Commission recommends that a new procedure foreffecting a forfeiture should be introduced, involving service of aNotice of Re-entry on the tenant and lodgement of the Notice in courtand, where necessary, issue of summary proceedings for possession.[Paragraph 14.20]18.95 The Commission recommends that the right to apply forrelief against forfeiture in all cases should be governed by the samestatutory provision. [Paragraph 14.21]18.96 The Commission recommends that relief against forfeitureshould be obtainable from the court in which the ejectmentproceedings were or could have been brought. [Paragraph 14.22]18.97 The Commission recommends that there should be astatutory time-limit for applications for relief against forfeiture, butany party who can show prejudice through no fault of that partyresulting from operation of the time limit should be able to claimdamages. [Paragraph 14.23]18.98 The Commission recommends that it should be made clearthat a chargee of a registered lease is entitled to apply for reliefagainst its forfeiture. [Paragraph 14.24]18.99 The Commission recommends that relief against forfeituregranted to a sub-tenant or mortgagee should be capable of restoring205
the original sub-tenancy or mortgage as if no forfeiture of the headleasehad occurred and that the court should have wide powers todetermine the position of the parties accordingly. Where the courtdecides to confer a new tenancy or mortgage it should have power todetermine the terms, including power to vary the previous termsapplicable to the parties. [Paragraph 14.25]18.100 The Commission recommends that there should be statutoryconfirmation that a landlord can claim damages for losses, plus costsand expenses, consequential on having to forfeit the tenancy and reletthe premises. [Paragraph 14.26]Chapter 15 Ejectment18.101 The Commission recommends that the various forms ofejectment action should be consolidated into one form of actionavailable in all cases where a landlord wishes to recover possessionand all matters concerning procedure should be dealt with by rules ofcourt rather than by primary legislation. [Paragraph 15.03]18.102 The Commission recommends that the special form of anejectment for non-payment of rent should cease to be available.[Paragraph 15.04]18.103 The Commission recommends that the proceduresgoverning deserted or abandoned premises in sections 78 and 79 ofDeasy’s Act should be replaced by the Notice of Re-entry procedure,backed up by a summary procedure for obtaining a possession order.[Paragraph 15.05]18.104 The Commission recommends that the summary procedurefor recovery of possession in sections 84-86 of Deasy’s Act should beextended to all categories of permissive occupants and be madeavailable to landlords generally in cases where urgent action isrequired. [Paragraph 15.06]18.105 The Commission recommends that the provision for doublerent in cases of “wilful” overholding in section 76 of Deasy’s Actshould be removed. [Paragraph 15.08]18.106 The Commission recommends that in all cases the landlordshould be entitled to rent until the date a tenancy ends, whatever themethod of determination, and thereafter should be entitled to mesnerates or profits based upon the current market rent until the tenantvacates the premises. [Paragraph 15.09]206
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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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should be any distinction as to the
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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 181 and 182: “reasonable time” may vary from
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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 and 210: y the landlord thereby making it cl
Page 211 and 212: Chapter 11 Insurance18.73 The Commi
Page 213: 18.82 The Commission recommends tha
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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