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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.