Landlord and Tenant Law Flashcards
tenancy defined
S11(3) LCLRA ‘the estate of interest which arises from the relationship of landlord and tenant, however it is created’
tenancy defined in..
S 11(3) LCLRA
even where a landlord doesn’t have freehold/leasehold the court will uphold tenancy
Bruton v L & Q HT
tenancy is created in consideration of any rent
S 3 Deasy’s Act
various ways in which tenancy may be assigned
By deed, Instrument in writing, devise or bequest or act or operation in law
Various ways in which tenancy may be assigned - section
S 9 Deasy’s Act
Landlord and Tenant (Amendment) Act 1980 replaced …
Town Tenants (Ireland) Act 1906
if no written agreement the nature can be deduced from the words & conduct of the parties
Whipp v Mackey
Tenant relationship determined by many factors but not its label
Gatien Motor Co Ltd v Continental Oil Co of Ireland
Just because it is called a license doesn’t mean it is
Shell-Mex v Manchester Garages
depends on the nature of the transaction
Street v Mountford
exclusive possession is always held as a characteristic of tenancy as opposed to a license
Gatien Motor Co Ltd v Continental Oil Co of Ireland
Gatien Motoe Co Ltd v Continental Oil Co of Ireland
Kenny J
exclusive possession is a defining feature of tenancy- if a grantee does not have exclusive possession they are not a tenant
Street v Mountford
Even if they have exclusive possession it can still be a license - courts look at degree of control over use of the premises
National Maternity Hospital v McGouran
Rent can be goods and services
Montagne v Browning
Rent can be gratuitous
Asphalt Anstalt v Arnold
Rent can be hire payments
Irish Shell & BP v Costello
Rent can be essentially no rent / peppercorn rent
Whipp v Mackey
contract for a lease is as good as a lease
Walsh v Lonsdale
Equitable remedy has limitations:
Equitable remedy is discretionary
It requires part performance
It based on contract only ( some statutory provisions don’t apply )
granted specific performance on a contract based on terms contained in a draft lease
McCausland v Murphy
McCausland v Murphy
Sullivan MR
New tenancy
S 13 (1)(a) Landlord & Tenant (Amendment) Act 1980
3 years increased to 5 years
S 3 (1) Landlord & Tenant Act 1994
tenant has right to new tenancy regardless of:
the nature of existing tenancy
a temporary break in the use of the tenement
… if the course considers it reasonable
Tenant has not right to new tenancy if:
non-payment of rent
breach of condition
surrender of tenancy
Tenant has not right to new tenancy if Landlord:
- bona fide intends or has agreed to execute a demolition/ rebuilding/ reconstruction scheme
- requires vacant possession
- new tenancy would be inconsistent with good estate management
- landlord is a planning authority and land is in an obsolete area
Circuit court decided on rent review
The Bewleys Café Case
‘bona fide business purpose’
S 13 1980 Act
‘did their books’ in dining room
Plant v Oakes
Everything except residential can be counted as a business - except where it involves a breach of the tenancy agreement
O’Byrne v M50 Motors 2002
Compensation for Improvements
Part IV of 1980 Act
Compensation for disturbance
Part IV of 1980 Act
Deductions from compensation
any benefits received by the tenent
with a maximum limit of 15 times the annual amount of addition in the letting value
