Consultation Paper on the General Law of the Landlord and Tenant

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CHAPTER 5OBLIGATIONS5.01 Since a tenancy involves the occupation by one person ofanother person’s land, it is not surprising that the parties in most caseswill wish to lay down various terms or conditions to govern thearrangement. This will usually be done by drawing up a formal leasewhich will contain various “covenants” 1 or “agreements” 2 by theparties. A modern commercial lease is likely to contain a wide rangeof covenants, especially by the tenant. 3 The issue which theCommission has had to consider is how far legislation shouldinterfere with or apply to obligations arising under tenancies, whethercreated by a lease or not. It is this general issue with which thischapter is concerned. The ensuing chapters deal with particularobligations which concern both landlords and tenants.A Purpose of Legislation5.02 It may be useful to begin with a consideration of thepurpose of legislation in the area of landlord and tenant obligations.The Commission takes the view that there are three main objectiveswhich could be achieved. These may be described as: (1) law reform;123Technically a “covenant” is a promise contained in a deed (a sealeddocument), but, as discussed in an earlier chapter, a deed is not requiredfor any kind of lease in Ireland. Section 4 of Deasy’s Act requires onlythat, in cases where some formal document must be used to create therelationship of landlord and tenant, that it be “by deed executed, or note inwriting” (emphasis added): see paragraph 2.12 above. Nevertheless, inpractice a deed is often used, especially in the case of commercial leases.No doubt because of the provisions of section 4 (see footnote 1 above)Deasy’s Act tends to use the word “agreements” rather than “covenants”:see eg sections 12 and 13 (binding successors in title) and 41 and 42(implied obligations) generally.See generally Wylie Irish Landlord and Tenant Law (2 nd ed Butterworths1998) and the precedents in Division L.2 of Laffoy’s Irish ConveyancingPrecedents (Butterworths).85
(2) consumer protection; (3) default provisions. The ensuingparagraphs explain further what the Commission has in mind.(1) Law Reform5.03 The Commission has concluded that there are areas of thelaw which relate to landlord and tenant obligations in need of reformby legislation. Some areas are essentially based on the common law.An example is the law of waste, which is essentially a branch of thelaw of torts. 4 Originally it did not apply to landlords and tenants, butthat position was altered to some extent by legislation centuries ago, 5and later developed by the courts. 6 The common law is also oftenoverlaid with legislation and again the law of waste is a goodexample. Deasy’s Act contains a substantial number of provisionsdealing with various activities which are typical of those prohibitedby the law of waste. 7 As will be discussed in a later chapter 8 it isextremely doubtful whether these provisions remain relevant inmodern times. 9(2) Consumer Protection5.04 Another objective of legislation is consumer protection, ieprotecting one party to an arrangement from unfair or unreasonableadvantage being taken by the other. Such statutory protection fortenants has long been a feature of our law. In the residential sector,much protection was introduced in the first half of the last century,through the Rent Restrictions Acts. 10 When significant parts of thislegislation were ruled unconstitutional by the Supreme Court in45678910See Wylie op cit paragraph 15.22.Statute of Marlborough 1267, c 23 (which seemed confined to tenants forlife or for a fixed term).To make it apply to periodic tenants: see Warren v Keen [1954] 1 QB 15.Sections 25-39.Chapter 10 below.Including the special summary remedy for restraining waste (a “precept”obtainable in the District Court) introduced by sections 35-37.Increase of Rent and Mortgage Interest (Restrictions) Acts 1915-1919,consolidated in the Increase of Rent and Mortgage Interest (Restrictions)Act 1920. This system was overhauled by the Rent Restrictions Acts 1946and 1960.86
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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
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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
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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
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Page 97 and 98: subject was discussed in the <stron
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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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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
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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
Page 139 and 140: namely permissive, voluntary, ameli
Page 141 and 142: 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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