Consultation Paper on the General Law of the Landlord and Tenant

2.16 Before leaving the subject of leases it may be convenient todraw attention to two further provisions in Deasy’s Act, namelysections 23 and 24. Section 23 provides that in any proceedings proofof “perfection” (ie execution) of the counterpart 46 of a lease is theequivalence of proof of the execution of the original, and, if nocounterpart has been executed, or it has been lost, destroyed ormislaid, proof of a copy of the original or any counterpart is sufficientevidence of the contents of the lease as against the lessee or anyperson claiming through him. Arguably this is a matter which shouldbe dealt with by Rules of Court, but, in any event, it seems to be auseful provision worth retaining in some form. Section 24 providesthat, in any proceedings by or against a person claiming to be asuccessor to the original landlord, after proof of the original lease 47 orcontract 48 it is sufficient “prima facie” 49 evidence of that person’s titleas landlord that he or she has received the rent for one year at least. 50This too seems to be a provision worth retention. The Commissionprovisionally recommends that the provisions of sections 23 and 24 ofDeasy’s Act, which concern proof of execution and proof of title,should be retained in some form.2.17 It should also be mentioned that there are special statutoryprovisions laying down requirements as to the form and contents ofleases in certain circumstances. Examples are the provisionsgoverning leases granted by a tenant for life under the Settled LandActs 51 and by a mortgagor or mortgagee under the Conveyancing Act1881. 52 The Commission does not regard such provisions as coming46474849505152It is common for a lease to be drawn up and engrossed in duplicate and tohave both copies executed, first by the lessee and then by the lessor. Thelessee is given the original and the lessor retains the counterpart.Eg in accordance with section 23.Ie of an oral agreement not involving a lease.Note that these words do not appear in section 23 and it is not clear whatsignificance they have – a provision that something is only “sufficient” (asopposed to “conclusive”) evidence raises a presumption only, ie what is“prima facie” the position.Or the landlord’s immediate predecessor has received it for at least oneyear and within three years before the transmission of the title.See section 7 of the Settled Land Act 1882 and section 7 of the SettledLand Act 1890: Wylie op cit paragraph 5.42.Section 18: Wylie op cit paragraph 5.43.42