Consultation Paper on the General Law of the Landlord and Tenant

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prescribe that a particular tenant’s obligation is personal to theoriginal tenant and does not pass to a successor in title, but this shouldbe done expressly and not be left to become a matter of interpretationas to what the parties intended. It should also be made clear that thestatutory provision captures all agreements intended to be part of thetenancy, ie, whether contained in the lease itself or in some collateralagreement or “side letter”, 19 provided the successor in title acquiredits interest with notice of the obligation contained in an agreemententered into “outside” the lease. 20 This too should be subject to thegeneral principle that it does not apply where the parties prescribeotherwise. The Commission provisionally recommends that theposition of successors in title following assignment by the tenantshould be governed by a provision based on section 12 of Deasy’sAct. The new provision should extend to all obligations intended tobe part of the tenancy, but it should be open to the original parties toprescribe expressly that particular obligations are personal to themand are not to bind successors in title.B Assignment by the Landlord3.06 At common law an assignee of the landlord’s interest didnot obtain the benefit of the obligations entered into by the tenant, norwas that assignee liable to the tenant for performance of obligationsentered into by the landlord. That position was initially changed bythe Statute of Reversions (Ireland) Act 1634 21 and, as in the case ofassignment of the tenant’s interest, 22 is now governed by duplicateprovisions in Deasy’s Act 23 and the Conveyancing Act 1881. 24 Clearly192021222324Note that the English courts applied this principle even under theequivalent of section 11 of the Conveyancing Act 1881 (see paragraph 3.06below) (section 142 of the English Law of Property Act 1925): see WegMotors Ltd v Hales [1961] 3 All ER 181; Systems Floors Ltd v RuralprideLtd [1995] 1 EGLR 48; Lotteryking Ltd v AMEC Properties Ltd [1995] 2EGLR 13.This would accord with the view of Kinlen J in Riordan v Carroll [1996] 2ILRM 263, 274. Cf the English cases cited in the previous footnote.See Wyse v Myers (1854) 4 ICLR 101 at 103 (per Moore J).See paragraphs 3.01 and 3.03 above.Section 13.Section 11.57
this duplication should again be removed and a single provisionmodelled on what appears to be the wider provision, namely section13 of Deasy’s Act, should be enacted. There is, however, one aspectof section 13 which needs mention.3.07 One odd feature is that, whereas section 12 of Deasy’s Actappears to apply to a very wide range of obligations, 25 section 13contains a qualification not to be found in section 12, namely that itapplies only to agreements in the lease or tenancy “concerning thelands”. At the very least this suggests that section 13 covers anarrower range of obligations and it may even be argued that it hasthe same narrowing effect as the wording in section 11 of theConveyancing Act 1881 – having “reference to the subject matter ofthe lease” or, as the courts previously put it, “touch and concern theland”. 26 The Commission would regard that as an unfortunateinterpretation and sees no reason to distinguish in this regard betweenlandlord’s obligations and tenant’s obligations. So far as theirenforcement by and against successors in title is concerned the sameprinciples should apply. The Commission provisionally recommendsthat the position of successors in title following assignment by thelandlord should be governed by the same principles as applyfollowing assignment by the tenant.C Position of Assignee3.08 The rule at common law was that an assignee, whether ofthe landlord or the tenant, had the benefit and was subject to theburdens of the tenancy only during the period the landlord’s ortenant’s interest was held, ie, the benefit and burden were lost whenthat assignee assigned the interest on to someone else. Thus anassignee of the landlord could sue only for breaches of tenant’sobligations occurring during the period that assignee held thelandlord’s interest and not breaches occurring prior to acquisition ofthat interest, unless the breaches were of a continuing nature. 27 It is252627See paragraph 3.04 above.Such a qualification was read by the English courts into the equivalent ofthe Statute of Reversions (Ireland) 1634, namely the Grantees ofReversions Act 1540: See Megarry and Wade The Law of Real Property(6 th ed Stevens 2000) paragraph15.046. See also Brereton v Tuohey (1857)8 ICLR 190; Athol v Midland Great Western Rly Co (1868) IR 3 CL 333.Doyle v Hort (1880) 4 LR Ir 455, 467 (per Palles CB).58
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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
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 62 and 63: CHAPTER 3SUCCESSORS IN TITLE3.01 Th
Page 64 and 65: section 10 of the Conveyancing Act
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
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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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Page 110 and 111: 6.13 To some extent the very limite
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Page 114 and 115: 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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