Consultation Paper on the General Law of the Landlord and Tenant

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APPENDIXLIST OF LAW REFORM COMMISSIONPUBLICATIONSFirst Programme for Examination ofCertain Branches of the Law with aView to their Reform (December1976) (Prl 5984) €0.13Working <strong>Paper</strong> No 1-1977, The LawRelating to the Liability of Builders,Vendors and Lessors for the Qualityand Fitness of Premises (June 1977) €1.40Working <strong>Paper</strong> No 2-1977, The LawRelating to the Age of Majority, theAge for Marriage and SomeConnected Subjects (November 1977) €1.27Working <strong>Paper</strong> No 3-1977, CivilLiability for Animals (November1977) €3.17First (Annual) Report (1977) (Prl6961) €0.51Working <strong>Paper</strong> No 4-1978, The LawRelating to Breach of Promise ofMarriage (November 1978) €1.27209
Working <strong>Paper</strong> No 5-1978, The LawRelating to Criminal Conversationand the Enticement and Harbouring ofa Spouse (December 1978) €1.27Working <strong>Paper</strong> No 6-1979, The LawRelating to Seduction and theEnticement and Harbouring of a Child(February 1979) €1.90Working <strong>Paper</strong> No 7-1979, The LawRelating to Loss of Consortium andLoss of Services of a Child (March1979) €1.27Working <strong>Paper</strong> No 8-1979, JudicialReview of Administrative Action: theProblem of Remedies (December1979) €1.90Second (Annual) Report (1978/79)(Prl 8855) €0.95Working <strong>Paper</strong> No 9-1980, The RuleAgainst Hearsay (April 1980) €2.54Third (Annual) Report (1980) (Prl9733) €0.95First Report on Family Law –Criminal Conversation, Enticementand Harbouring of a Spouse or Child,Loss of Consortium, Personal Injuryto a Child, Seduction of a Child,Matrimonial Property and Breach ofPromise of Marriage (LRC 1-1981)(March 1981) €2.54210
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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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12.11 There is one further, somewha
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
Page 183 and 184: ent and other payments may be accum
Page 185 and 186: obtainable from the court in which
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 and 214: 18.82 The Commission recommends tha
Page 215 and 216: the original sub-tenancy or mortgag
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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