Consultation Paper on the General Law of the Landlord and Tenant

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1981, 11 a new scheme governing “controlled dwellings” wasintroduced by the Housing (Private Rented Dwellings) Act 1982. 12Further substantial protection is envisaged by the ResidentialTenancies Bill 2003 13 presented to the Oireachtas on 28 May 2003. 14This Bill seeks to implement the recommendations of theCommission on the Private Rented Residential Sector. 15 In view ofthe work of that Commission and the governmental acceptance of itsrecommendations, it would not be appropriate for the Law ReformCommission to retrace the ground covered by it. This <strong>Consultation</strong><strong>Paper</strong> does not, therefore, deal directly with matters covered by the2003 Bill.5.05 Turning more specifically to legislation promptingconsumer protection by way of imposing obligations on landlords andtenants, again there is a long history of this. To some extent it may beargued that Deasy’s Act moved some way towards this, in that it doescontain many provisions purporting to impose obligations. However,it is questionable whether they could be categorised as involving thenotion of consumer protection, at least in its modern form. Much ofDeasy’s Act is concerned with imposing various obligations ontenants, in order to enhance or bolster the landlord’s position.Furthermore, any notion of “protection” is usually lacking because thestatutory provisions are usually subject to the express provisions ofthe lease or tenancy agreement concluded. To use modern parlance, itis usually the case that the parties can contract out of the provisions ofDeasy’s Act.5.06 The concept of obligations being imposed on landlords andtenants, which they cannot contract out of, is a more modern one.One example is the provisions in the Landlord and Tenant Actsrequiring certain types of tenant covenants commonly found inleases 16 to be operated in a reasonable manner by landlords. 17 This111213141516Blake and Others v Attorney General [1982] IR 117.See de Blacam The Control of Private Rented Dwellings (2 nd ed RoundHall/Sweet & Maxwell 1992).No 23 of 2003.By the Minister for the Environment, Heritage and Local Government.See its Report (July 2000).Eg covenants against or restricting alienation, changing the user of thedemised premises and making improvements.87
subject was discussed in the <strong>Consultation</strong> <strong>Paper</strong> on BusinessTenancies 18 and nothing further needs to be said in this <strong>Consultation</strong><strong>Paper</strong>. Another example is the provision in the Housing(Miscellaneous Provisions) Act 1992, 19 which empowered the makingof regulations prescribing “standards” for rented houses. 20 Thesegovern the quality and condition of accommodation, facilities andappliances and impose on landlords an obligation to maintain housesin a proper state of structural repair. A failure to comply with theseregulations is a criminal offence 21 and the local housing authority cando the necessary work and recover the costs and expenses from alandlord who fails to comply. 22 Further extensive obligations onlandlords of dwellings, and, indeed, on tenants, will be imposed if theResidential Tenancies Bill 2003 is enacted. 23 Again it would not beappropriate for the Law Reform Commission to review such groundso recently covered and so this <strong>Consultation</strong> <strong>Paper</strong> does not deal withmatters covered by the 1992 Act and 2003 Bill.5.07 Notwithstanding what was said in the previous paragraphs,the Commission does not rule out proposing further provisionsseeking to promote consumer protection in relation to landlord andtenant obligations. These may take the form of general provisions, in17181920212223Landlord and Tenant (Amendment) Act 1980 Part V, replacing sections 55-59 of the Landlord and Tenant Act 1931.LRC CP 21–2003 at 88-92.Replacing one in section 26 of the Housing (Private Rented Dwellings) Act1982: see section 26 of the 1992 Act.See now the Housing (Standards for Rented Housing) Regulations 1993(SI No 147 of 1993). Note also the provisions in the 1992 Act requiringlandlords to provide tenants of houses with rent books containingprescribed information: see section 17 and the Housing (Rent Books)Regulations 1993 (SI No 146 of 1993). And note the requirements toregister rented houses under the Housing (Registration of Rented Houses)Regulations 1996 (SI No 30 of 1996) made under section 20 of the 1992Act. The 1996 Regulations are to be revoked and replaced under theprovisions of Part 7 of the Residential Tenancies Bill 2003.Section 34 of the 1992.Section 18.Again following recommendations made by the Commission on the PrivateRented Residential Sector: see paragraph 5.04 above. See Part 2 of theBill.88
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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
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CHAPTER 2FORMALITIES2.01 This chapt
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Commission has previously drawn att
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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 90 and 91: fixtures. Given that this is subjec
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Page 95: (2) consumer protection; (3) defaul
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
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
Page 139 and 140: namely permissive, voluntary, ameli
Page 141 and 142: section 42 implied obligation shoul
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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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