Landlord and Tenant Law

Question 1

tenancy defined

Answer 1

S11(3) LCLRA ‘the estate of interest which arises from the relationship of landlord and tenant, however it is created’

Question 2

tenancy defined in..

Answer 2

S 11(3) LCLRA

Question 3

even where a landlord doesn’t have freehold/leasehold the court will uphold tenancy

Answer 3

Bruton v L & Q HT

Question 4

tenancy is created in consideration of any rent

Answer 4

S 3 Deasy’s Act

Question 5

various ways in which tenancy may be assigned

Answer 5

By deed, Instrument in writing, devise or bequest or act or operation in law

Question 6

Various ways in which tenancy may be assigned - section

Answer 6

S 9 Deasy’s Act

Question 7

Landlord and Tenant (Amendment) Act 1980 replaced …

Answer 7

Town Tenants (Ireland) Act 1906

Question 8

if no written agreement the nature can be deduced from the words & conduct of the parties

Answer 8

Whipp v Mackey

Question 9

Tenant relationship determined by many factors but not its label

Answer 9

Gatien Motor Co Ltd v Continental Oil Co of Ireland

Question 10

Just because it is called a license doesn’t mean it is

Answer 10

Shell-Mex v Manchester Garages

Question 11

depends on the nature of the transaction

Answer 11

Street v Mountford

Question 12

exclusive possession is always held as a characteristic of tenancy as opposed to a license

Answer 12

Gatien Motor Co Ltd v Continental Oil Co of Ireland

Question 13

Gatien Motoe Co Ltd v Continental Oil Co of Ireland

Answer 13

Kenny J

Question 14

exclusive possession is a defining feature of tenancy- if a grantee does not have exclusive possession they are not a tenant

Answer 14

Street v Mountford

Question 15

Even if they have exclusive possession it can still be a license - courts look at degree of control over use of the premises

Answer 15

National Maternity Hospital v McGouran

Question 16

Rent can be goods and services

Answer 16

Montagne v Browning

Question 17

Rent can be gratuitous

Answer 17

Asphalt Anstalt v Arnold

Question 18

Rent can be hire payments

Answer 18

Irish Shell & BP v Costello

Question 19

Rent can be essentially no rent / peppercorn rent

Answer 19

Whipp v Mackey

Question 20

contract for a lease is as good as a lease

Answer 20

Walsh v Lonsdale

Question 21

Equitable remedy has limitations:

Answer 21

Equitable remedy is discretionary
It requires part performance
It based on contract only ( some statutory provisions don’t apply )

Question 22

granted specific performance on a contract based on terms contained in a draft lease

Answer 22

McCausland v Murphy

Question 23

McCausland v Murphy

Answer 23

Sullivan MR

Question 24

New tenancy

Answer 24

S 13 (1)(a) Landlord & Tenant (Amendment) Act 1980

Question 25

3 years increased to 5 years

Answer 25

S 3 (1) Landlord & Tenant Act 1994

Question 26

tenant has right to new tenancy regardless of:

Answer 26

the nature of existing tenancy
a temporary break in the use of the tenement
… if the course considers it reasonable

Question 27

Tenant has not right to new tenancy if:

Answer 27

non-payment of rent
breach of condition
surrender of tenancy

Question 28

Tenant has not right to new tenancy if Landlord:

Answer 28

• 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

Question 29

Circuit court decided on rent review

Answer 29

The Bewleys Café Case

Question 30

‘bona fide business purpose’

Answer 30

S 13 1980 Act

Question 31

‘did their books’ in dining room

Answer 31

Plant v Oakes

Question 32

Everything except residential can be counted as a business - except where it involves a breach of the tenancy agreement

Answer 32

O’Byrne v M50 Motors 2002

Question 33

Compensation for Improvements

Answer 33

Part IV of 1980 Act

Question 34

Compensation for disturbance

Answer 34

Part IV of 1980 Act

Question 35

Deductions from compensation

Answer 35

any benefits received by the tenent
with a maximum limit of 15 times the annual amount of addition in the letting value