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landlord and tenant law - Coggle Diagram

- - - - leases type of contract not always subject to full rigours of contract law
      - also governed by property law
  - - - common law
      - s5 deasys act
  - - - total interest transferred to a new party
        
        new assignee replaces assignor in landlord and tenant relationship
        
        original tenant steps out
      - lease can now no longer refuse assignment
        
        landlord and tenant act 1980 s66 - any attempt to do so converts into requirement to seek consent of landlord
        
        s67 - prohibits unreasonable refusal to consent
        
        Deasys Act s9 - requires it to be in writing
    - - not stepping out but creating a new tier
      - original tenant is landlord to new sub leasee, but still tenant to landlord
      - 1980 act s66 and 67 - consent required but can't be unreasonably withheld
    - - Tenant right to chose 3rd party
      - Deasys Act s10 and 16 originally allowed landlord to refuse consent
      - 1980 act s66 - anything that restricts or prohibits alienation converts into requirement to seek consent and landlord can't unreasonably withhold consent
      - Unreasonable refusal
        
        Green Properties v Shalaine Modes good estate management covenant designated as a hardware store so right to refuse a toy store
        
        tenants financial situation
        
        Irish Glass Bottle v Dublin Port no decision in Ireland if tenant financial situation taken into account by landlord in determining whether to consent or refuse
        
        International Drilling Fluid v Louisville - strike proportioante balance in England and Wales
        
        White v Carlisle Trust landlord can refuse if due to matter that affects themselves financially or manage of estate
        
        Irish Glass summarised law
        
        Rice v Dublin Corporation
        
        consider application on own merits, can't have blanket policy of refusal
        
        landlord doesn't have to give reasons until in court
        
        onus on leesee to prove premises are a tenement and consent unreasonably withheld
        
        W & L Crowe v Dublin Port lessor entitled to consider own interest in deciding whether to give consent
        
        Lloyd v Earls of Pembrook lessor entitled to know precisely nature of proposed user and all details
        
        OHS v Green Properties tenants situation not taken into account
        
        1980 act - landlord can't give fine or increase rent before giving consent
      - good estate management often used
  - - - still must be a contract for lease either compliant with statute of frauds of s51 of 2009 act
      - part performance can provide evidence - specific performance can than be granted
      - applicant acted equitably
  - - - can be express or implied
      - lease generally has covenants written into it
    - - may be void if done through express covenant unless reasonable
      - Irish Shell v Emo Motors difference between taking away right to trade that existed versus one that never existed - Elm Motors refused planning permission while Shell had been granted, Elm Motors agreement with Shell to use Shells colours, brand and fuel. After a few years tried to stop - not allowed - never had an unfettered ability to trade
    - - can be implied by statute - Deasys Act s45 right to quiet and peaceful enjoyment of land without interference
      - Siney duty to ensure premises fit for human habitation
      - obliged to pay rent
    - - written into lease - parties generally freedom to contract (rent, gas bills)
      - some may be deemed void or modified by Court
      - 1980 Act s65 - no damages for non compliance with covenant if due to age and condition of the premises it is physically impossible to repair or disproportioante to value of lease and not profitable unless rebuilt
    - - if breached can sue for breach of contract
      - if unpaid rent can seek rent arrears
      - covenants can be enforced against each other
  - - - under reasons set out in Deasys Act
    - - 1992 Miscellaneous Act
        
        4 weeks if non residential house
        
        1 year if farm
      - one party serves notice, if don't continues
      - notice contain intention to terminate and date when extinguishes
      - can be waived - important to not accept rent
    - - may not be sufficient to sue for breach
      - require express forfeiture clause in lease
      - not allowed in residential tenancies
      - landlord comes and takes back control of premise
      - method
        
        serve notice under s14 conveyancing act 1888 -
        
        specify breach and that it be remedied if possible or monetary compensation
      - ineed express clause - may be dispensed with through inclusion of re-entry clause - Foley v <amgam
    - - someone buys both lands
      - or tenant gains interest in land
    - - tenant staying after notice to quit
      - Deasys ACt s52 can bring ejectment proceedings for non payment of rent
    - - tenants interest transferred to landlord due to termination of lease
      - a landlord can't be own tenant
  - - - tenements piece of land wholly or partly covered by buildings
    - - improvements
        
        s13 - improvements more than half letting value
      - business equity
        
        s3 of act -
        
        have to be on premises 5 years (previously 3) and conducting bona fide business
        
        M50 v Byrne - breached term of lease which said not allowed trade cars, allowed for 5 years but renewal not granted -no business equity as acted in contravention of leasde
      - long occupation equity - 20 years - no longer in use - similarities to adverse possession
    - - s 17
        
        landlord intends to rebuild, requires vacant possession for scheme, part of development plan, compulsory purchase, part of estate management
        
        non payment of rent, breach of covenants
- - - - RTB is a quasi judicial board
      - one stop shop
    - - s28 - creates cycle
        
        first 6 months vulnerable after that right to stay for 3 and half years (now 5 and a half, since 2016 act ) entitled to Part IV tenancy, vulnerable for next 6 months
    - - notice to quit
        
        28 days in first 6 months
        
        increases in duration depending how long staying there - more quickly for landlords than tenants
        
        if tenant antisocial behaviour can be reduced to 7 days
        
        if breach of covenants can be 28 days for landlord
      - grounds for termination
        
        s 34 - grounds for termination
        
        landlord intends on selling property within 3 months
        
        landlord or family moving in
        
        dwelling no longer suited to needs of tenant
        
        intends to renovate it
        
        tenant failed to comply with obligation in relation to tenancy
        
        wants to change use
        
        tenant can terminate for any reason within the 6 months but must comply with notice periods
        
        give notice to quit
        
        notice requirements set by the act, much more onerous on landlords
    - - Tenant obligations s16
        
        not engage in social premises
        
        don't deteriorate premises
        
        notify repairs, allow access
        
        not to alter or improve property with consent
        
        not change use of dwelling without consent
        
        Adjeh tenants breach for cancelling arranged inspections on numerous occassions no damages though
        
        pay rent, no anti-social behaviour
      - landlord obligations s12
        
        Maintain dwelling to how it is from starts
        
        peaceful and exclusive occupation of dwelling
        
        prompt repayment of deposit
        
        can't penalise tenant for making complaint or enforcing rihgts
        
        cases
        
        Medeiros v Dineen 200 euro damages awarded when landlord made unscheduled visit let themselves in but didn't enter any room
        
        Johnson v Lawrence RTB awarded 300 euro to tenant when landlord delayed in attending to repairs
      - s18 tenant can get more favourable terms by contract, landlord can't
  - - - Residential Tenancies ACt 2016
        
        rent pressure zones - rent could only be increased 4%
        
        formula now used - state rent last charged, when it was last charged
        
        if pre-existing act had 24 months for first review and than after every 12 months
        
        beginning of tenancy state rent of last tenancy, any increases greater than formula only done if vacant more than 2 years or substantial work done
        
        zones have expanded since introduced - housing agency consult with local authority and propose area to Minister
    - - if landlord terminating due to family move make statutory declaration, and offer property back if it becomes available
      - if intending to sell and not done in 9 months offer back to tenants
      - if terminating to make substantial improvements give details
      - RTB can investigate and issue fines up to 15k for improper conduct - breach of rent restrictions, false or misleading reason for terminationg
      - more heavily in favour of tenants
    - - 4% cap replaced by a formula
      - 74% of contry covered by rent pressure zones
      - student no longer has to give longer than 28 day notice of termination
  - - - legal representation not necessary
      - landlord or tenant can take case
    - - in 2017 90% of tenants partially or fully refunded deposits
      - 1.6 million awarded in rent arrears to landlords
      - 77% of rent review notices invalid