103 / 196
Breach of Covenant by Lessee
LANDLORD AND TENANT
(GROUND RENTS) ACT, 1967
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.
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
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