Landlord And Tenant Law Ii

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1. Residential Tenancies & the Residential Tenancies Acts 2004-15

A) Scope of RTA 2004

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-Does not apply to business tenancies

-Does not apply to certain residential tenancies (although these have greater protections than RTA. If you lived there for 20 years you get Landlord and Tenant (Amendment) Act 1980 protections. Since 2009 you need special circumstances)

-Does not apply to local authority housing

-Does not (yet) apply to housing associatons (this provision not commenced in Residential Tenancies Amendment Act 2015)

-Section 4 and 5 of the RTA. Includes an 'oral tenancy agreement'. Includes periodic or fixed term.

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1.(B): Minimum Standards for Residential Accommodation

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Provision of rent books, Housing (Rent Books) Regulations, 1993.

Accommodation standards. s 12 RTA, 2008 and 2009 Housing Standards Regulations.

Enforcement of these standards are for the local authority. Dublin City Council.

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1.(C): Rights and Obligations of Ls and Ts.

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Part 2 of the RTA 2004. Obligations and rights, they cannot be contracted out of. Nothing prevents more favourable terms operating in favour of a tenant, s 18.

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1.(C)(i) Landlord Rights and Obligations

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s 12 sets em out. Obliged to register the property with the PRTB, s 134(1).

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1.(C)(ii) Tenant Rights and Obligations

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s 16. Cannot assign or sublet a property without LL's written consent, but if LL refuses consent to a subletting or assignment, T can terminate under s 168.

Not yet tested in PRTB or courts whether LLs need a very good reason to refuse to permit assignment/subletting.

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1.(C)(iii): Leasehold covenants in leases

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Things like the T paying rent, the LL repairing.

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1.(C)(iv): Rent and Rent Reviews

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s 19, rent may not be set at a level 'greater than the market rent'. Which is defined by:

The rent to which a willing tenant would give, a willing landlord would take, in each case on the basis of vacant possession being given. Regard to the other terms and the dwelling.

Rent cannot be increased in the first 24 months of a tenancy, only one can occur per 24 month period. Rent review can be built into any lease, or is implied, s22.

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1.(C)(v): Part 4 tenancy

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s 28, T has the right after 6 months continuous occupation to remain in the property a further 6 months. s 34 provides a list of ways in which one can be terminated. Proper notice, T failing to comply with obligations, etc.

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1.(C)(vi): Multiple Occupation in One Property

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s 48 to 53.

Acts of one don't prejudice another's rights.

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1.(D): Notice of Termination under Residential Tenancies Acts 2004-15

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Notice to terminate is used to terminate leases where the T has over-held, ie periodic and residential tenancies. CL always said that a periodic tenant was to receive notice equivalent to one period of the tenancy.

Parts 5 and 6 of the RTA provide for the termination of private residential tenancies. Standard notice periods set out under s 66 to 88.

Goes:

28-35-42-56-84(56 for tenant)

Less than 6m, more than 6 less than y, more than y less than y2, etc etc.

Enjoy security of tenure under s33 for at least 6 months. Once they expire, and it's known as a part 4 tenancy, she becomes entitled to 3.5 years security of tenure. Can be terminated under s 34.

Tenant may terminate with:

a) 7 days notice: s 68

b) 28 days notice: s 68 and 62

LL may terminate with:

a)7 days notice: T behaving in 'anti social manner', s 17

b)28 days notice: s 34 and 67

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1.(E): The Private Residential Tenancies Board & Dispute Resolution

i) The functions of the PRTB

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Set out in s 151.

Also

-Registration

-Dispute resolution

-Reporting

-Encouraging Compliance

New mechanisms for dispute resolution, previously exercised by courts. Private Residential Tenancies Board. s 78.

Either a LL or a T may refer a dispute to the PBRT. Where it relates to notice of termination, must be referred within 28 days, but may be extended. Other dispute time limits are under normal statute of limitations of 6 years.

Dispute Resolution Process:

Chapter 4, part 6.

-Mediation and Adjudication

-Tenancy Tribunal

Enforcement: s 126 and 9.

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3. The Landlord & Tenant (Amendment) Act 1980: Applicable Scope to Business Tenancies

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s 5 Definition of tenements:

Land held under lease or contract of tenancy

Not a letting to be made for temporary convenience

Not made for or dependant on continuance of employment

Definition was discussed in Kenny Homes Company Ltd v Leonard.

Business defined in s 3. "any trade, profession or business, whether or not it is carried on for gain or reward, any activity"

s4 restricts the application, only applies once landlord is not the State or a State authority.

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4. The Landlord & Tenant (Amendment) Act 1980: Rights of New Lease for Business Tenants

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Part II of the Landlord and

Tenant(Amendment) Act 1980 provides for a right to new tenancy on termination of an earlier one, provided claimant satisfies requirements of either 'business equity', 'long occupation equity' or 'improvements equity' and is not disqualified from the right under s 17.

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4.(A): Business Equity

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s13 and 85.

If the tenant was in occupation for 3 years continuously and was using the premises/tenement for business purposes ,temporary breaks can be disregarded by the courts.

Gatien Motor Company v Continental Oil. Decided before 1980 Act, but was based on a similar measure. Kenny J noted that it operates to make void a contract which would deprive a tenant of a right of business equity, but he must have the right before a contract which deprives him of it can be void.

Bank of Ireland v Fitzmaurice

Decided the other way on very similar facts.

Bankway Properties v Pensfold-Dunsford

Arden J with similar decision, cannot frustrate statutory rights with a contract

s 4 Landlord and Tenant(Amendment) Act 1994 Section 47 Civil Law (Miscellaneous Provisions) Act 2008 provided that the right to a new tenancy for business equity can be contracted out of once they got independent legal advice.

Tenant disqualified under s 17 of the 1980 Act. Things like non-payment of rent.