Consultation Paper on the General Law of the Landlord and Tenant

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CHAPTER 3SUCCESSORS IN TITLE3.01 This chapter is concerned with the position of the partiesafter the landlord or tenant, or both, dispose of their respectiveinterests. It is, therefore, primarily concerned with the position ofsuccessors in title, ie, persons to whom the landlord’s reversion andthe tenant’s tenancy have been assigned. 1 Over the lifetime of thetenancy many such assignments may take place and so the position ofseveral successors may become an issue. Also of interest is theposition of the assignors after an assignment has been made tosomeone else. This includes both the original landlord and originaltenant and successors who subsequently assign on to furthersuccessors during the lifetime of the tenancy. This is a subject whichexercised the courts in the early days of development of leaseholdinterests, but the common law rules which the courts evolved 2 werelargely replaced by statutory provisions. 3 Unfortunately, as explainedlater, 4 the provisions in question were enacted during the nineteenthcentury at Westminster, where insufficient attention seems to havebeen paid to the law in Ireland. The result was the enactment ofduplicate provisions 5 which, although they overlap to a large extent,are sufficiently inconsistent to cause uncertainty. 6 The Commissionprovisionally recommends that the duplicate statutory provisions inDeasy’s Act and the Conveyancing Act 1881 governing successors intitle should be amalgamated into a single provision or set of123456See Wylie Irish Landlord and Tenant Law (2 nd ed Butterworths 1998)Chapter 21.Eg Spencer’s Case (1583) 5 Co Rep 16a.For an early example, dealing with the landlord’s successors in title, seeStatute of Reversions (Ireland) Act 1634.See paragraph 3.03 below.Sections 12 and 13 of Deasy’s Act 1860; sections 10 and 11 of theConveyancing Act 1881.See Bready “Covenants Affecting Land” (1944) 6 NILQ 48.53
provisions, which should also remove the inconsistencies anduncertainties which exist in the current statutory provisions.3.02 There are two other related matters which requireconsideration. One is that the landlord or tenant may not dispose ofthe entire interest held, eg, the tenant may assign part only of thedemised premises, in which case the issue of apportionment of rightsand obligations as between the part assigned and part retained willarise. Similarly the landlord may assign title to part of the demisedpremises, what is usually referred to as “severance” as to the land. 7There is, however, another kind of severance which can arise withrespect to the landlord’s interest. This usually occurs where thelandlord grants a lease of the reversion to a third party, which createsa “concurrent” lease and effects what is sometimes referred to asseverance as to the estate. 8 These matters are considered later. 9 Alsoconsidered later 10 is a different kind of disposition of the tenant’sinterest, namely a subletting. A subletting is fundamentally differentfrom an assignment, but it does give rise to similar issues in terms ofthe various parties’ position.A Assignment by the Tenant3.03 At common law the rule developed that upon assignment ofa tenancy the tenant’s obligations under covenants which “touchedand concerned” the land passed to the assignee. 11 This limitation onthe covenants has given rise to much litigation, especially in Englandwhere it was carried forward, albeit in different language, into statutelaw. 12 Indeed, the initial statute law applied also to Ireland, namely789101112See Wylie op cit paragraphs 21.32-33.Ibid paragraphs 4.09 and 21.32.Paragraph 3.19 below.Paragraph 3.22 below.Spencer’s Case (1583) 5 Co Rep 16a, applied in Lyle v Smith [1909] 2 IR58; O’Leary v Deasy [1911] 2 IR 450. These cases, especially the latterwhere the relevant statutory provisions are not cited, illustrate theextraordinary tendency of the Irish courts to continue to rely upon the oldcommon law and to ignore statutes displacing it. Lyle v Smith was a rareexception, but even in it the judges made much reference to the commonlaw.Originally in section 10 of the Conveyancing Act 1881 which used thewords having “reference to the subject-matter of the lease”. That wording54
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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 <
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 60 and 61: espect to the part not surrendered.
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
Page 108 and 109: how far the Irish courts will follo
Page 110 and 111: 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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