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Law Society of Ireland Manual Landlord and Tenant Law

by: Brennan, Gabriel; Brodie, Sean; Linnane, Michelle; Soden, David

Law Society of Ireland Manual Landlord and Tenant Law

by: Brennan, Gabriel; Brodie, Sean; Linnane, Michelle; Soden, David

ISBN 13:
9780199280254
ISBN 10:
0199280258
Edition: 3rd
Format: Paperback
Copyright: 06/29/2006
Publisher: Oxford University Press
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Summary

This new edition has been fully revised and updated in the light of new case law and legislation. A number of new precedents have been included, offering a practical approach to the subject, enabling students to familiarize themselves with documentation they will encounter in practice.

Preface

Authors

vii

Acknowledgements

Table of Statutes

xix

Table of Rules and Regulations

xxv

Table of Cases

xxvii

Introduction

(11)

General

(1)

Definitions

(3)

Historical Background and Early Legislation

(4)

Historical background

The seventeenth century

The eighteenth century

The nineteenth century

Recent Legislation

(2)

The twentieth century

Landlord and Tenant (Amendment) Act, 1980

Landlord and Tenant (Amendment) Act, 1994

The twenty-first century

Creation of Relationship of Landlord and Tenant

(1)

Recommended Reading

(1)

Categorisation of Tenancies

(6)

Introduction

(1)

Fixed Term/Term Certain

(1)

Periodic Tenancies

(1)

Tenancy at Will

(1)

Tenancy at Sufferance

(1)

Statutory Tenancy

(1)

Tenancy by Estoppel

(1)

Temporary Convenience Lettings

(1)

Conclusion

(1)

Licences

(15)

Introduction

(3)

Bare Licence

Contractual licence

Licence coupled with an interest

Estoppel licences

Characteristics of a Licence

(4)

Example Licence

(2)

Example of Licence of Concession Area

(5)

Conclusion

(1)

Other Relationships Involving Land

(9)

Introduction

(9)

Servant/employee

Lodger/guest

Hirer

Conacre

Agistment holder

Franchise

Rights of Residence

Caretaker

Taking Instructions/Essential Contents of a Lease

(14)

Taking Instructions

(1)

Instruction Sheet

(3)

Pre-lease Enquiries

(1)

Covenants and Conditions in a Lease

(1)

Essential Contents of a Lease

(1)

Date of commencement of the term

Parcels

Habendum

Reddendum

Practical Procedure when Drafting a New Lease

(4)

Introduction

What happens in practice

Agreement for Lease

(1)

The limitations of an agreement for lease

Residential Tenancy Agreements

(3)

The Residential Tenancies Act, 2004

(22)

Introduction

(1)

Commencement

(1)

Application of the Act

(1)

Interpretation of the Act

(2)

Definition of `dwelling'

Definition of `tenancy'

Definition of `Part 4 tenancy'

Definition of `public authority'

Other section 4 definitions

Definition of `landlord' `tenant' and `lease'

Service of notices

(1)

Tenancy Obligations of Landlords and Tenants---Part 2

(3)

Part 2, Chapter 1---Landlord's obligations

Part 2, Chapter 2---Tenant's obligations

Offences---Section 9

(1)

Redress under Part 6---Section 119

(1)

Rent and Rent Reviews---Part 3

(1)

Security of Tenure---Part 4

(7)

Termination of Part 4 Tenancies

Further Part 4 Tenancies

Overview of Termination Periods

Part 4 and Multiple Occupants

Part 4---Miscellaneous Matters

Termination---Notice Periods and Other Procedural Requirements---Part 5

(6)

Scope and interpretation

Contents of the termination notice

Period of notice to be given

Additional requirements and procedures where the tenancy is sub-let

Miscellaneous matters

Time limit for disputing a notice of termination

Prohibitions under section 184

Private Residential Tenancies Board

(6)

Introduction

(1)

Establishment and Composition of Board

(1)

Functions of Board

(5)

Resolution of disputes

Registration of particulars

Advice to the Minister on policy

Development and publication of guidelines for good practice

Repairs

(14)

Introduction

(1)

The Landlord's Position

(5)

Common law

Statute

The Tenant's Position

(1)

Common law

Statute

The tenant's position generally

Sample Covenants to Repair

(3)

Residential

Commercial

Interpretation of covenants to repair

Landlord and Tenant (Amendment) Act 1980, s 65

(1)

Practical effect of s 65

Wilful waste

Express Covenants: General Principles

(1)

Whelan v Madigan

(1)

Remedies

(2)

The landlord's position

The tenant's position

Termination

(22)

Introduction

(1)

Notice to Quit

(7)

Situations where a notice is not required

Who may serve the notice?

Form and contents of the notice

Length of notice

Upon whom and how should the notice be served?

Waiver of notice

Sample notices to quit

Forfeiture

106

(6)

General

Basis for forfeiture

Sample proviso for re-entry

Section 14 and statutory restriction on right to forfeit

Forfeiture---the procedure

Relief against forfeiture

Other Forms of Termination

112

(5)

Effluxion of time

Merger

Demand for possession per Deasy's Act, 1860, s 86

Decree or warrant for possession per Deasy's Act, 1860, s 78

Execution of a judgment or decree for possession per Deasy's Act, 1860 ss 52 and 66

Surrender per Deasey's Act 1860, s 7

Occurrence of a stated event

Court order

Premises being used as a brothel

Derelict sites and dangerous premises

Exercise of an option

Liquidator's disclaimer per the Companies Act, 1963, s 290

Legal Proceedings

117

(1)

Ejectment civil bill on title based on forfeiture

Ejectment for non-payment of rent

Ejectment civil bill for overholding

Ejectment for deserted premises

Summary of Practical Steps

118

(2)

Statutory Reliefs

120

(37)

Introduction

120

(3)

Tenements: s 5

Right to a New Tenancy

123

(12)

Business equity

Long possession equity

Improvements equity

Terms of a new tenancy

Restrictions on right to a new tenancy

Procedure for claiming a new tenancy

Compensation for Improvements

135

(2)

General principles

Improvement notice

Compensation for Disturbance

137

(1)

Practical Steps

138

(1)

Provisions Relating to Covenants in Leases

138

(2)

Covenants against alienation: s 66

Covenants restrictive of user: s 67

Covenants against making improvements: s 68

Prescribed Forms

140

(17)

Form No 1

Form No 2

Form No 3

Form No 4

Form No 5

Form No 6

Form No 7

Form No 8

Form No 9

Form No 10

Form No 11

Form No 12

Form No 13

Form No 14

Ground Rents

157

(49)

Historical Background

157

(1)

Right to Buy Out Freehold

158

(9)

Introduction

Test under the 1967 Act

Test Under the 1978 Act

Restrictions on the right

Right to a Reversionary Lease

167

(2)

What is a reversionary lease?

Application to obtain a reversionary lease

Restrictions on right to a reversionary lease?

Why claim the right to a reversionary lease?

Procedure for Purchasing Fee Simple

169

(9)

1967 Act procedure

1978 Act procedure

Registration

Merger

Practical Steps

178

(1)

1967 Act procedure

1978 Act procedure

Vesting Certificate Applied for but not yet issued

179

(1)

Calculation of Purchase Price on Arbitration

179

(3)

Expired Lease

Yearly tenancy or lease with more than fifteen years to run of residential premises less than one acre

Lease with less than fifteen years to run or rent subject to review within the fifteen years of residential premises less than one acre

General

Abolition of Ground Rents: No 1 Act of 1978

182

(2)

Prescribed Forms

184

(16)

1967 Act procedure

1978 Act procedure

Sample Notice of Application for Arbitration to the County Registrar

200

(2)

Ground Rents Purchase Scheme Land Registry Explanatory Leaflet

202

(4)

Commercial Leases

206

(22)

Introduction

206

(2)

`FRI' Lease

Shopping centres

Procedure

Service Charge Clauses in Commercial Leases

208

(4)

General

Determining the amount of the service charge

Services to be included in the lease

Potential areas of dispute

Certification of the charge

Apportionment of charge among tenants

Service charge components

Rent Review Clauses in Commercial Leases

212

(5)

General

Time is not of the essence

Provision for independent review

Basis for reviewing rent

Interpretation of rent review clause

Sample clause re basis for review

Recording the revised rent

Alienation (Assignment and Sub-letting)

217

(5)

General

Restrictions

Statutory/common law

Assignment

Sub-letting

Partial assignment or sub-letting

Matters to be dealt with in relation to assignment proposed assignments

Change of User

222

(2)

General

Statute/common law

Insurance

224

(2)

Who effects the insurance---and why?

What is the amount of the insurance and the rate?

What are the insured risks?

General checklist for insurance clause

Subrogation

Repair

226

(2)

Advising the client

Value Added Tax

228

(17)

General

228

(5)

Background

How VAT operates

Accounting for VAT: s 19

Who must Register for VAT?

Taxable supplies of goods and services

Input credit: s 12

Rates of VAT

Records and invoices

Basis of accounting for output tax

Property

233

(12)

When property is liable to VAT

Sale of freehold interest

Creation of a new lease of ten years or greater (long-term lease)

Capitalised value and economic value

`Reverse charge mechanism'

`Two supplies'

Reversionary interest

Short-term lettings

Self-supplies of property

Assignments and surrenders

`Subsequent' supplies

Building sites

`Interest' in the context of VAT on property

VAT requisitions on title and standard VAT clause

Housing (Private Rented Dwellings) Act, 1982

245

(5)

Housing (Private Rented Dwellings) Act, 1982

245

(5)

`Controlled dwellings'

Housing (Private Rented Dwellings) Act, 1982

Role of the rent tribunal

Statutory protection

Practical concerns

Entitlement under the 1980 Act (as amended)

Entitlement under the ground rents legislation

Implications

Appendices

250

(91)

Pre-lease Enquiries or Checklist

250

(7)

Form PRTB1 Tenancy Registration

257

(4)

Registration of Tenancies

261

(3)

Notes on Service Charge Clauses in Commercial Lease

264

(6)

Standard Rent Review Clauses

270

(7)

Agreement for Lease of an Entire Building in Course of or about to be Constructed with Guarantee

277

(10)

Short Term Lease for Letting of an Entire Building at Fixed Rent with Guarantee

287

(21)

Long Term Lease for Letting of an Entire Building with Five Yearly Rent Reviews, Guarantee and Break Option

308

(22)

New VAT Clause in Contract for Sale

330

(3)

Requisitions on Title---VAT Explanatory Memorandum

333

(5)

VAT Requisitions

338

(3)

Index

341

Amazon no longer offers textbook rentals. We do!

Law Society of Ireland Manual Landlord and Tenant Law

Law Society of Ireland Manual Landlord and Tenant Law

9780199280254

0199280258

Summary

Author Biography

Table of Contents

Supplemental Materials

Write a Review

Amazon no longer offers textbook rentals. We do!

Law Society of Ireland Manual Landlord and Tenant Law

Law Society of Ireland Manual Landlord and Tenant Law

9780199280254

0199280258

Summary

Author Biography

Table of Contents

Supplemental Materials

Write a Review

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