Landlord and Tenant Flashcards
Creation of a Landlord - Tenant Relationship
Under s.3 of the Landlord and Tenant Law (Amendment) (Ireland) Act 1860 - otherwise known as the Deasy’s Act
- The landlord-tenant relationship in Ireland is deemed to be based on contract and to arise whenever there is an agreement to hold land from or under another in consideration of any rent
- Traditionally, the law distinguished between landlord-tenant relationships based on whether or not they were fixed-term or periodic
-> Fixed-term lease is a tenancy for a pre-defined fixed period - ie 21 years
-> A periodic tenancy is a tenancy for an initial short period of a week / month / year which will automatically be renewed at the end of the period unless either party demonstrates their intention to terminate it by serving a notice to quit
Agreement to create a Landlord - Tenant Relationship
- Creating a landlord-tenant relationship is based on an agreement between a landlord and tenant
- They must first agree to create a landlord-tenant relationship and not any other kind of relationship (ie a licence)
- A licence would only confer a personal right to possession and not a proprietary right
-> Irish Shel v John Costello Ltd:
Distinguishment between an agreement for licence from agreement for a lease/tenancy
Case had a written agreement conferring exclusive possession in return for periodic payments but described as a licence, but contained provisions typical of a lease
SC found that in deciding between licence and lease, must ignore the nametags placed on the agreement by the parties and instead look at the content of the agreement
The agreement must be valid under contract law
- Must be a valid offer and acceptance
- Agreement cannot have been secured subject to duress, undue influence or mistake
- Must not be too vague
- Lace v Chantler
-> If it is a lease for a term certain, the term must be certain
-> Lease for the duration of the war was void for uncertainty
The necessary writing requirements must be fulfilled
Unless the landlord-tenant relationship is from a year-to-year or for any lesser period, it has to be in writing under the Deasy’s Act
-> Otherwise, is not valid at common law
Types of Landlord - Tenant Relationships
- Tenancy at will
Arises when a fixed-term lease comes to an end and the tenant over holds with the consent of the landlord, but without paying regular rent - Tenancy at sufferance
Arises when a lease or tenancy comes to an end and the tenant stays on in the premises without the assent or dissent of the landlord
Obligations of Landlord and Tenants under Residential Tenancies
- Pt 2 of the RTA 2004 recognised the universal landlord obligations which apply irrespective of any terms in the lease, and they cannot be contracted out of
- Landlord is under an ongoing duty to, under s12:
-> Must allow the tenant to enjoy peaceful and exclusive occupation
-> Repair in relation to both the structure and the interior of the dwelling;
-> To insure against destruction and liability;
-> To notify the tenant of the name of the person authorised to act on his
behalf in relation to the tenancy; and
-> To detail to the tenant how he or his authorised agent can be contacted
-> Must promptly repay deposit to the tenant in the absence of owed
rent/property damage - The landlord cannot penalise a tenant for, under s14:
-> Referring a dispute to the Residential Tenancies Board
-> Giving evidence to the RTB in relation to a dispute
-> Making a complaint to the Garda / public authority in connection with occupation of the dwelling
Obligations of a tenant
Set out under s16 RTA 2004 and include:
o Paying the rent to the landlord/authorised agent plus any taxes/charges set out in the agreement
o Not carry out any acts/omissions that prevent the landlord from complying with his statutory obligations
o Allow the landlord access to inspect the dwelling at reasonable
intervals
o Notify the landlord/agent of any defects/works to the dwelling that need be repaired/carried out, so the landlord can fulfil his obligations
o Not cause the deterioration the dwelling from its condition when the tenancy began (normal wear and tear is acceptable)
o Not behave in an anti-social way, or allow visitors to behave in such a way
o Not assign or sub-let the tenancy without the written consent of the landlord
o Not alter or improve the dwelling without the written consent of the landlord
Statutory rights of tenants holding under residential tenancies
Set out in part 4 RTA 2004
- Come into existence whenever a tenant has been in occupation for more than 6 months and a notice of termination has not been served
- If the tenancy has lasted less than 6 months, a landlord does not have to give a reason to end the tenancy, just a valid notice of termination at minimum of 28 days
Notice periods
Duration of Tenancy -> Minimum notice period required
Less than 6 months -> 28 days
Not less than 6 months, but less than 1 year -> 90 days
Not less than 1 year, but less than 3 years -> 120 days
Not less than 3 years, but less than 7 years -> 180 days
Not less than 7 years, but less than 8 years -> 196 days
Not less than 8 years -> 224 days
Requirements for a valid notice of termination
o In writing
o Signed by landlord/authorized agent (or tenant where they are issuing notice)
o A reason (where issued by landlord) (even if >6 months)
o Specify the termination date
o Statement that any dispute concerning its validity should be referred to the RTB within 28 days of receipt of the notice
Notice period where tenant has breached an obligation (s67 RTA 2004)
Notice period of 7 days where:
Tenant behaves in an anti-social way or in a way that threatens the fabric of the dwelling/property containing the dwelling
Notice period of 28 days:
In respect to any other breaches of obligation, such as failure of payment of rent
Termination of a fixed-term tenancy
- Cannot be cut short by a landlord
- Can only terminate where there has been a breach by the tenant / landlord in his obligations in the lease
- If a Part 4 RTA 2004 tenant, must comply with one or more grounds of s34
Fixed term leases termination of Non-Residential Tenancies
- A fixed-term lease comes to an end by expiry when the term of the lease runs out
- Additionally, the Statute of Limitations 1957 provides that a tenancy will automatically expire after one year and that a tenancy from year to-year which is not in writing will end at the end of the first year
- The duration of a fixed-term lease is determined from the beginning, and once the term expires, it terminates automatically
- A renewal clause will not change the type of lease
- A fixed-term lease can come to an end before its allocated term by surrender, merger or forfeiture
Surrender
- Occurs when the tenant under a fixed-term lease conveys his leasehold interest back to the landlord before the expiry of the lease
- Lessee does not have an automatic right to surrender - must be given by statute, the lease, or agreement by the landlord
- Must satisfy s7 of Deasy’s Act - by being a note in writing signed by the tenant - surrender by act/operation of law
- Must be some positive act or clear evidence of knowledge/acquiescence on the part of the landlord accepting the surrender
Merger
- Occurs when the leasehold and freehold interest become vested in either the tenant or a third party
- Before it can occur, must be an additional intention on the part of the new owner to merge the two estates
-> Craig v Greer
