Consultation Paper on the General Law of the Landlord and Tenant

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fixtures. Given that this is subject to the parties’ agreement theCommission takes the view that the provisions of section 17 in thisrespect are sound as “default” provisions. There are, however, somepoints which should be clarified.4.16 One is that the two month period should not be availablewhere the tenant vacates the premises before the period expires. TheCommission takes the view that the tenant should be required to takeaway all property belonging to him when the demised premises arevacated. The landlord should have the right to remove and store forsafe keeping, after the tenant vacates the premises, any items whichthe tenant had the right to remove before vacating the premises andshould be entitled to dispose of them, if not claimed within, say, 14days of the tenant’s vacation of the premises. The cost of storageshould be recoverable from the tenant, and be payable before itemsare returned on reclaim of them by the tenant or should be deductible,together with any other expenses incurred, from any proceeds ofdisposal before these are paid over to the tenant.4.17 It should also be made clear that the tenant’s right ofremoval is carried forward in any renewal or extension of a tenancy, 35and continues to apply where a lease is varied, 36 subject again to whatthe parties may expressly agree. The current position only seemsclear where the tenant secures a statutory new tenancy or reversionarylease under the provisions of the Landlord and Tenant (Amendment)Act 1980. 374.18 Section 17 excludes the right of removal where items havebeen installed by the tenant “in pursuance of any obligation or inviolation of any agreement in that behalf”. It should, perhaps, bemade clear that this is subject to the terms of the tenancy, so that it isopen to the parties to agree that the tenant may remove items installedin accordance with an undertaking or obligation contained in theagreement for lease or lease itself.353637This general proposition seems to have been accepted by the Englishcourts: see New Zealand Government Property Corporation v H M & S Ltd[1982] Q B 1145. Cf Deeble v McMullen (1857) 8 ICLR 353.See paragraph 2.24 above.Because such tenancy or lease is deemed to be a “graft” on the old one: seesections 27 and 39 of the 1980 Act.81
4.19 Taking into account the points of clarification mentioned inthe previous paragraphs the Commission inclines to the view that thelaw of tenant’s fixtures should be radically overhauled. TheCommission provisionally recommends that the law relating totenant’s fixtures should be replaced by a new statutory provisionwhich entirely displaces the common law and all existing statutoryprovisions. The fundamental principle of this should be that theownership and other rights attaching to any items of propertyinstalled in the premises should be as set out in the lease. Thestatutory provision should then provide a set of “default” provisionsto operate in the absence of such express provisions. The essence ofthe default provisions should be:-(i) they should apply to any property installed in the premisesby the tenant, for whatever reason;(ii) the right of removal should be exercisable in all cases,subject to the landlord’s right to compensation for anydamage, however substantial, caused to the demisedpremises by the removal;(iii) the right of removal must be exercised before the tenancyends, unless the determination is unexpected and not dueto some act or default by the tenant; in the latterunexpected case the tenant who is not at fault should havean additional period up to two calendar months in whichto remove property;(iv) in any event the right of removal must be exercised whenthe tenant vacates the demised premises; if it is not soexercised the landlord should have the right to remove thetenant’s property for safekeeping and storage;(v) the landlord should have the right to dispose of propertyso removed, if not reclaimed by the tenant, or other partyentitled to it, within 14 days of the tenant vacating thedemised premises;(vi) the cost of storage should be recoverable from the tenant,and be payable before property is returned on a reclaim ordeductible, together with any other expenses reasonablyincurred, from the proceeds of disposal before those arepaid over to the tenant;(vii) it should be made clear that in all cases the tenant’s rightof removal continues to apply to renewed, extended andvaried tenancies;82
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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-
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like lodgers, 83 hotel guests, 84 s
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landlord and tenant.” 96 This see
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the nature of a tenant’s interest
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parties an intention which they nev
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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 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 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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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
Page 124 and 125: until the last gale day of the curr
Page 126 and 127: one. 33 Disputes as to the new rent
Page 128 and 129: overholding. 47 The Commission prov
Page 130 and 131: on the landlord’s breach of repai
Page 132 and 133: Notwithstanding use of the title
Page 134 and 135: CHAPTER 9SERVICE CHARGES9.01 It has
Page 136: in service charges, so as to ensure
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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 Paper on the General Law of the Landlord and Tenant

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