Consultation Paper on the General Law of the Landlord and Tenant

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pay directly to the head-landlord so much of the sub-rent as willdischarge the arrears of head-rent should be repealed withoutreplacement.3.26 Finally section 21 of Deasy’s Act is closely linked withsection 20, in that it entitles the sub-tenant to achieve the sameposition by voluntarily paying sub-rent directly to the head-landlord,unless the head-tenant has already issued proceedings against the subtenant.It seems to the Commission that this section suffers fromsome of the same uncertainties and inappropriateness as afflict section20, namely the imposition of privity of contract and the uncertainrelationship between the head-tenant and the sub-tenant. TheCommission provisionally recommends that section 21 of Deasy’s Actshould be repealed without replacement.71
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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
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Commission’s preliminary conclusi
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1.15 It might be thought that the I
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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 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: the premises occupied by the sub-te
Page 83 and 84: to the landlord. However, because t
Page 85 and 86: that so long as the machinery or pl
Page 87 and 88: most of its significance with the e
Page 89 and 90: 4.14 Section 17 also recognises the
Page 91 and 92: 4.19 Taking into account the points
Page 94 and 95: CHAPTER 5OBLIGATIONS5.01 Since a te
Page 96 and 97: 1981, 11 a new scheme governing “
Page 98 and 99: the sense that they need not be con
Page 100: (a)(b)(c)(d)promote purposes such a
Page 103 and 104: points should be noted about this p
Page 105 and 106: one confined to “interruption”
Page 107 and 108: characteristic of a tenancy. 27 On
Page 109 and 110: C Repairs6.11 Responsibility for ma
Page 111 and 112: the courts, 53 section 83 of Deasy
Page 113 and 114: 6.17 Notwithstanding the preliminar
Page 115 and 116: provisions governing landlords in t
Page 117 and 118: F Return of Deposit6.23 Section 12(
Page 119 and 120: that such matters relate primarily
Page 121 and 122: is, 6 then the overriding obligatio
Page 123 and 124: the landlord’s right to receive r
Page 125 and 126: would simply reiterate here its ear
Page 127 and 128: eview clauses, to operate as “def
Page 129 and 130: It cannot be invoked in other proce
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in respect of commercial and mixed-
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esidential premises, 73 are levied
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others of which relate to practical
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CHAPTER 10REPAIRS10.01 This Chapter
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left to be covered by obligations,
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obligation as regards a deteriorati
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10.13 The Irish courts have long re
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forfeiture for breach of covenant 4
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particularly serious, that is, wher
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CHAPTER 11INSURANCE11.01 The issue
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an FRI lease. For this reason pract
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14(c) of the Residential Tenancies
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CHAPTER 12DETERMINATION OF TENANCIE
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section 9 of the Real Property Act
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This area of the law does not seem
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the parties’ agreement. 33 The Co
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D Frustration12.12 For a long time
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ased upon common law principles, bu
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which has been served will prove to
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new tenancy can be granted to the h
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CHAPTER 14FORFEITURE14.01 The law r
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14.04 The question remains whether
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agricultural land, mines or mineral
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so the landlord in a particular cas
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the property and about what should
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arguable that its advantages would
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perhaps, not so clear is what the p
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CHAPTER 15EJECTMENT15.01 An action
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with determination of the tenancy a
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description as a “caretaker’s s
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e recoverable from the date the ten
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CHAPTER 17NEW LEGISLATION17.01 In a
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CHAPTER 18SUMMARY OF RECOMMENDATION
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created by a written document. The
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tenancy, but it should be open to t
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(iii) the right of removal must be
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Premises Bill appended to its earli
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18.65 The Commission recommends tha
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cause the insurance policy to becom
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18.91 The Commission recommends tha
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18.107 The Commission reiterates th
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Working Paper No 5
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Report on Nullity of Marriage (LRC9
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Ninth (Annual) Report (1986-1987)(P
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Report on Land Law andConveyancing
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Report on Sentencing (LRC 53-1996)(
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Second Programme for examinationof
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Consultation <stro
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