The Gazette 1971

Breach of Covenant by Lessee LANDLORD AND TENANT (GROUND RENTS) ACT, 1967

Forfeiture Section 14 of the Conveyancing Act, 1881, is in the following terms : (14) (1) A right of re-entry or forfeiture under any proviso or stipulation in a lease, for a breach of any covenant or condition in the lease, shall not he enforceable by action or otherwise, unless and until the lessor serves on the lessee a notice specifying the particular breach complained of and, if the breach is capable of remedy, requiring the lessee to remedy the breach, and in any case, requiring the lessee to make COPYING SERVICE 1 COPY 5p 2-5 COPIES 4p EACH ADDITIONAL COPIES lp EACH XPRINT SHOP, 23 Anglesea Street, DUBLIN 2 Phone775963 I —I t / i

Until the passing of the Landlord and Tenant (Ground Rents) Act, 1967, which came into operation on 1st March 1967, it was established law under Section 10 of Deasy's Act that any assignment contrary to the terms of the lease or other agreement under which the premises were held shall not be lawful, in other words that any instrument of assignment in breach of a covenant against assignment resulted in a nullity giving the land- lord, or owner, the right of re-entry by way of forfeiture with no remedy available to the lessee or his assignee under Section 14 of the Conveyancing Act, 1881. Section 10 of Deasy's Act was in the following terms : Where any lease has or shall be made containing an agreement restraining or prohibiting assignment, the benefit of which has not been waived before the 1st day of June, 1826, it shall not be lawful to assign the lands or any part thereof contrary to such agreement without the consent in writing of the landlord or his agents thereto lawfully authorised in writing, testified by his being an executing party to the instrument of assignment, or by an endorsement on, or subscription to such instrument. Section 18 of Deasy's Act deals with provisions in leases or agreements prohibiting sub-letting as distinct from assignments in Section 10 and also states that any sub- letting in breach of such covenant or restriction shall not be lawful as in the case of assignments, in other words that the sub-letting is a nullity and there is no remedy afforded to the sub-lessee or the sub-lessor by way of relief against forfeiture under Section 14 of the Conveyancing Act, 1881, and the landlord is entitled to re-enter and take possession. Section 18 was in the following terms : When any lease has been or shall be made containing an agreement against sub-letting or against letting in conacre, the benefit of which has not been waived before the 1st day of June, 1826, it shall not be lawful for the tenant to sub-let the said lands or any part thereof, or, in case of an agreement against letting in conacre, to let the same in conacre, without the express consent in writing of the landlord or his agent thereto lawfully authorised, testified by his being a party to the instrument of sub-lease or by an endorse- men on or subscription to such instrument "or by a note in writing signed by such landlord or his agent" and no receipt of rent by any landlord or his agent shall be deemed to be a wiaver of any such agreement against sub-letting. It therefore appears that under the provisions of Sec- tions 10 and 18 of Deasy's Act, the law up to 1st March 1967 was that any assignment or sub-letting in breach of such specific covenants was a nullity lease liable to forfeiture without relief.

INSTANT DUPLICATING in seconds from your original supplied 25 for 40p in 30 Seconds 50 for 65p in 55 Seconds 100 for £1 in 1} Minutes Sizes 13" x 8" 11}" x 8 } " 10" x 8" COMPANY MEMORANDA and ARTICLES £1 per page inclusive

ASK FOR OUR LEAFLET XPRINT SHOP 23 Anglesea Street, Dublin 2 Telephone 775963

104