It will receive representations in writing from any
person or organisation in regard to any aspect
of the law relating to landlord and tenant. If any
person or organisation wishes to make oral sub
missions to explain or expand a written memor
andum, the Commission will facilitate the pre
sentation of such oral submissions.
For your convenience there is attached to this
letter a short note setting out
the principal
headings which are
relevant
to
the
Inquiry.
These headings are not meant to be comprehen
sive.
If
there
is any aspect of
landlord and
tenant law which is not covered and which you
consider deserves consideration, the Commission
would be obliged if you would deal with it.
If you wish to make any submissions on any
aspect of the law of landlord and tenant, please
write to the Secretary, the Landlord and Tenant
Commission, 72-76 St. Stephen's Green, Dublin
2.
Yours faithfully,
C. McAllister,
3.
Secretary to the Commission
The Law of Landlord and Tenant
1.
The nature of the contract of tenancy
(a) Written Contract
(i) The Statute of Frauds
(b) Oral Contract
(c) Persons competent to make a letting and
the nature and extent of their authority
(i) Owner in fee
(ii) Tenant in tail and tenant for life
(iii) Persons having fiduciary estates
(iv) Mortgagees
4.
(v) Joint tenants and tenants in com
mon.
(vi) Persons under legal disability.
(d) The duration of the tenancy :
(i) Freehold
estates,
i.e.
leases
for
lives and fee farm grants.
(ii) For a term of years,
(iii) Periodic
tenancies,
i.e.
weekly,
monthly, year to year.
(iv) Tenancy at will.
(e) The subject-matter of the tenancy: en
croachments, etc.
2.
The rights and obligations of the parties to a
tenancy
(a) What is a covenant?
(b) Usual covenants in-
(i) lease for a term of years.
(ii) written contract for periodic ten
ancy.
(iii) Oral contract for periodic tenancy.
(c) Conditions :
(i) Nature of a condition.
(ii) What constitutes a condition
in
law?
(iii) Rights of the assignee of a rever
sion to take advantage of a condi
tion.
(d) Rights and obligations which should be a
part of every tenancy contract whether
mentioned or not.
(e) Rights and obligations which should be
part of
the contract unless
the parties
contract out of them,
(f ) Rights and obligations which
are not
part of
the
contract unless
they
are
specifically mentioned,
(g) Waiver of covenants and conditions.
Covenants and conditions on the part of the
landlord :
(a) The usual covenants.
(b) Warranty of title.
(c) Covenant for quiet enjoyment.
(d) Obligation
to
repair and maintain
the
common
parts,
including
lifts, where
there is multiple occupation.
(e) Obligation to notify the tenant of any dis
position of the landlord's interest.
(f )
In
the absence of a written
tenancy,
obligation to provide a rent book stating
the terms of the tenancy.
(g) What persons are bound?
Convenants and conditions on the part of the
tenant :
(a) Who are bound by these covenants?
(b) The effect of assignment or subdivision
of the demised premises.
(c) The rights of the lessor.
(d) Covenant for payment of rent.
(e) Covenant for payment of rates, taxes, etc.
(f ) Covenant to repair or keep in repair.
(g) Covenants as to user.
(h) Covenants against assignment and alien
ation.
(i ) Covenants to erect buildings.
(j ) Covenant not to use or permit the pre
mises to be used so as to be a nuisance
to neighbours.
(k) Covenant not to use the premises so as
to invalidate or otherwise affect the fire
insurance.