Consultation Paper on the General Law of the Landlord and Tenant

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espect to the part not surrendered. In effect, an apportionment of rentand other obligations should be made in such cases, by the court ifnecessary. 91 This matter is also considered later. 92F Assignments2.28 Section 9 of Deasy’s Act purports to govern the ways inwhich a tenancy can be assigned or transmitted. It provides asfollows:“The estate or interest of any tenant in any lands under anylease or other contract of tenancy shall be assigned, granted,or transmitted by deed executed, or instrument in writingsigned by the party assigning or granting the same, or hisagent thereto lawfully authorised in writing, or by devise,bequest, or act and operation of law, and not otherwise …” 93This seems to be an exhaustive provision which requires use of awritten instrument for assignments of all tenancies, ie, even thosevalidly created initially without any writing, such as periodictenancies and tenancies for fixed terms not exceeding one year. 94 Atfirst sight it may appear anomalous that a tenancy which can becreated orally can only be assigned to someone else by deed or otherinstrument in writing. 95 However, it is arguable that while it may berelatively easy for the original tenant to establish that a grant of atenancy was made orally, because of the direct relationship between9192939495Danville v Ward (1865) 16 ICLR 381; Persse v Malcolmson (1871) IR 5CL 572.Paragraph 8.05 below.The remaining wording dealt with the situation where the tenant diesintestate as to his interest in the tenancy. This is now dealt with by theSuccession Act 1965 which repealed the wording in section 9: see section 8and Second Schedule, Part III of the 1965 Act.See the trenchant views of the Supreme Court in Foley v Galvin [1932] IR339, drawing attention to the words “or other contract of tenancy”. Doubtsabout whether a tenancy at will is assignable at all (see Wylie op citparagraph 4.29) need not be considered since the Commission has earliertaken the view that such “tenancies” should no longer be regarded ascreating the relationship of landlord and tenant: see paragraph 1.24 above.A similar distinction exists in England: see Crago v Julian [1992] 1 All ER744; Camden London Borough Council v Alexandrou (1997) 74 P & CR D33; Parc Battersea Ltd v Hutchinson [1999] 2 EGLR 33.51
the landlord and the original tenant, it is more difficult for a thirdparty to establish that this tenancy was assigned to him or her orally.Notwithstanding that, it may cause hardship that such a third party isapparently prevented by section 9 from establishing an assignment ina particular case. In particular it may be questioned whether it is notopen to such a party to invoke an equitable doctrine such as estoppelto prevent the other parties (assigning tenant and landlord) fromdenying that an assignment has taken place. Indeed the Commissionis not entirely convinced that such cases would not come within theexpression “act and operation of law.” It is true that it has often beenstated that this wording in section 9 covers matters such as theautomatic vesting of the tenant’s interest in the Official Assignee onbankruptcy or in the personal representative on death of the tenant. 96However, they may also cover situations where the actions of theparties would lead the court to hold that an estoppel should arise, byway of analogy with surrenders by act and operation of law. 97 TheCommission provisionally recommends that section 9 of Deasy’s Act,which deals with assignments, should be retained but that it should bemade clear that it does not exclude the courts’ jurisdiction to applyequitable principles such as the doctrine of estoppel.9697Foley v Galvin [1932] IR 339, 350 (per Kennedy CJ). Other examples arethe vesting in the creditor by way of mortgage where a judgment mortgageis registered under the Judgment Mortgage (Ireland) Act 1850, or wherethe tenant’s interest is seized by the sheriff under a writ of fieri facias andsold in execution of a judgment against the tenant: see Wylie op citparagraph 21.05.See paragraphs 2.21–22 above.52
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Landlord and Tenant Law Working Gro
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E Landlord’s Identity and Agent .
Page 10: INTRODUCTION1. This is the second <
Page 14 and 15: CHAPTER 1THE RELATIONSHIP OF LANDLO
Page 21 and 22: after its enactment there were nume
Page 23 and 24: Commission’s preliminary conclusi
Page 25 and 26: 1.15 It might be thought that the I
Page 27 and 28: preliminary conclusion that any re-
Page 29 and 30: like lodgers, 83 hotel guests, 84 s
Page 31 and 32: landlord and tenant.” 96 This see
Page 33 and 34: the nature of a tenant’s interest
Page 35 and 36: parties an intention which they nev
Page 37 and 38: management of the said Railway arch
Page 39 and 40: the courts’ desire in the past to
Page 42 and 43: CHAPTER 2FORMALITIES2.01 This chapt
Page 44 and 45: Commission has previously drawn att
Page 46 and 47: paragraph, such an arrangement woul
Page 48 and 49: Deasy’s Act should be dropped fro
Page 50 and 51: the judges of the old Exchequer Cha
Page 52 and 53: within the purview of the Landlord
Page 54 and 55: seems to be inconsistent with the c
Page 56 and 57: E Surrenders2.21 Section 7 of Deasy
Page 58 and 59: premises, the alternative of a new
Page 62 and 63: CHAPTER 3SUCCESSORS IN TITLE3.01 Th
Page 64 and 65: section 10 of the Conveyancing Act
Page 66 and 67: prescribe that a particular tenant
Page 68: not clear how far statute law has c
Page 71 and 72: was not resolved until the enactmen
Page 73 and 74: the doctrine of estoppel. 57 On the
Page 75 and 76: eferred to as a severance of the in
Page 77 and 78: need to have statutory provisions t
Page 79 and 80: the premises occupied by the sub-te
Page 82 and 83: CHAPTER 4FIXTURES4.01 The law of
Page 84 and 85: tenant. Often an item installed in
Page 86 and 87: A Common Law4.09 Originally at comm
Page 88 and 89: parties’ agreement. Furthermore,
Page 90 and 91: fixtures. Given that this is subjec
Page 92: (viii) it should also be made clear
Page 95 and 96: (2) consumer protection; (3) defaul
Page 97 and 98: subject was discussed in the <stron
Page 99 and 100: already covered by modern legislati
Page 102 and 103: CHAPTER 6LANDLORD’S OBLIGATIONS6.
Page 104 and 105: for sale. 14 This matter is again o
Page 106 and 107: may not be a point of much substanc
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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
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CHAPTER 13NOTICE13.01 Service of a
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comprehensive and exhaustive, in th
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D Sub-Tenants13.08 It may be conven
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13.11 As indicated in the recommend
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very small rent. The Residential Te
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obligation by any tenant unless exc
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y one joint tenant is sufficient to
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“reasonable time” may vary from
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ent and other payments may be accum
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obtainable from the court in which
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mortgage it should have power to de
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a tenancy of a dwelling could not b
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seems to have fallen into disuse. 1
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is sufficient. 32 It is questionabl
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CHAPTER 16LIMITATION OF ACTIONS16.0
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1707 Administration of Justice Act
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the occupier of the land in questio
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set of statutory provisions governi
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comprehensively with part assignmen
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(ii) take the form of a scheme of
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y the landlord thereby making it cl
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Chapter 11 Insurance18.73 The Commi
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18.82 The Commission recommends tha
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the original sub-tenancy or mortgag
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APPENDIXLIST OF LAW REFORM COMMISSI
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Working Paper No 1
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Report on the Liability in Tort ofM
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Eleventh (Annual) Report (1989) (Pl
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Report on Occupiers’ Liability (L
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Report on Privacy: Surveillance and
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Consultation <stro
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Consultation Paper on the General Law of the Landlord and Tenant

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