Consultation Paper on the General Law of the Landlord and Tenant

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There is no equivalent provision governing an assignment of thelandlord’s interest (reversion) by the original landlord. Yet privity ofcontract will also exist between the landlord and any tenants to whomthat landlord granted tenancies. Following an assignment by thatlandlord continuing liability to such tenants on the landlord’scovenants may exist. 59 In many cases this will not pose a majorproblem because of the few obligations entered into by the landlord.However, substantial obligations on the part of the landlord are notuncommon in commercial leases, such as those relating to multi-letproperties like shopping centres. 60 Not infrequently the originallandlord’s interest in such cases will be disposed of, for example, byway of a concurrent lease granted to investors. 61 Under the currentlaw, it would appear that the original landlord remains exposed tocontinuing liability and should, therefore, consider obtaining anindemnity from the assignees. In practice this is rarely, if ever, done,probably because tenants are not aware of the legal position andassume that they have a claim against the new landlord only. Onbalance, it would seem desirable to assimilate the position of theoriginal landlord and original tenant. 62 The Commission provisionallyrecommends that a provision equivalent to section 16 of Deasy’s Act,which protects assignments by the original tenant, should beintroduced to protect original landlords.E Part Assignments3.18 As mentioned earlier, 63 it is not uncommon for either thelandlord or the tenant to engage in a partial assignment only, usually5960616263Stuart v Joy [1904] 1 KB 362. Liability ends when the original landlord’sinterest in the reversion ends: see Bath v Bowles (1905) 93 LT 801.Eg those arising under typical service charge provisions, whereby directliabilities are imposed on the common landlord, notwithstandingrecoupment of the costs and expenses by way of the annual charges leviedon tenants: see Chapter 9 below.See Wylie op cit paragraph 4.09. See also paragraph 3.19 below.The English legislation reversing privity of contract (see paragraph 3.12above) does so: under sections 6-8 of the Landlord and Tenant(Covenants) Act 1995. The original landlord may apply to the court to bereleased from obligations on assignment of the reversion.Paragraph 3.02 above.65
eferred to as a severance of the interest held. 64 This is a somewhatcomplicated area of the law and the position of the parties followingsuch a transaction is far from clear.3.19 So far as severance by the landlord is concerned, twodistinct transactions may take place. A severance as to the landlord’sestate may be effected by granting a “concurrent” lease to a thirdparty. Such a lease runs concurrently with the original lease andshould be distinguished from a “reversionary” lease, whichcommences at the end of the original lease. 65 It seems to be settledlaw that the concurrent lessee steps into the shoes of the originallandlord (the grantor of the concurrent lease) and is to be treated as anassignee of that landlord’s interest for the term of the concurrentlease. 66 As such the concurrent lessee is liable on the originallandlord’s covenants and can enforce the tenant’s covenants. 67 It wassettled by statute 68 a long time ago that there was no need for thetenant to “attorn” or acknowledge the position as tenant of theconcurrent lessee. 69 In this respect the position of the parties isgoverned by sections 12 and 13 of Deasy’s Act. 703.20 Rather more uncertainty exists where the landlord insteadengages in a severance as to the land, or, as it is sometimes put, aseverance of the reversion. This involves an assignment of part onlyof the landlord’s interest, with the intention that there will be two (ormore) landlords of the demised premises. Clearly as between theparties to such an arrangement the severance will be fully effective.As between themselves they can apportion the rent and other receipts(eg service charges) and a number of statutory provisions confirm that64656667686970See Wylie op cit paragraphs 21.31-36.Thus a concurrent lease is a lease of the reversion, whereas a reversionarylease is a lease in reversion: per FitzGibbon LJ in Beamish v Crowley(1885) 16 LR Ir 279, 290.Usually the same term as the original lease less a few days.McKeague v Hutchinson (1884) 18 ILTR 70; Adelphi (Estates) Ltd vChristie [1984] 1 EGLR 19.Sections 9 and 10 of the Administration of Justice (Ireland) Act 1707.However, the tenant can continue to pay rent to the original landlord(grantor of the concurrent lease) until notified of the assignment effectedby the grant of the concurrent lease.See paragraph 3.06 above.66
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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
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 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: the doctrine of estoppel. 57 On the
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Page 79 and 80: the premises occupied by the sub-te
Page 82 and 83: CHAPTER 4FIXTURES4.01 The law of
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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
Page 116 and 117: E Landlord’s Identity and Agent6.
Page 118 and 119: CHAPTER 7TENANT’S OBLIGATIONS7.01
Page 120 and 121: CHAPTER 8RENT AND OTHER PAYMENTS8.0
Page 122 and 123: 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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