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
