Nature of Licences A property owner may permit persons to enter his land on such terms as he sees fit. The person with the occupational interest, which depending on the circumstances, may be a freehold or leasehold owner, may generally give or revoke consent to enter and occupy land, as he wishes. In some cases, the nature of his interest […]
Proprietary Estoppel Proprietary estoppel, arises in the context of property rights, generally with reference to land and buildings, but also in the context of other types of property. It is wider in scope than promissory estoppel and is not necessarily limited to being a defence. Where an assurance is given in relation to property or property rights and the person […]
Rights by Will Rights of residence are relatively common in Ireland, compared to Britain. A right to reside may be created by deed. They are commonly granted by wills. Typically property is given to one family member (often a child), with the right of another, (commonly the deceased owner’s surviving spouse) to reside there typically for his life. Sometimes the […]
Distinction A lease is based on a contract between landlord and tenant but is a proprietary right, which may be enforced against their respective successors and creates rights to the land that hold good against all parties. In contrast, a licence is a contractual right between a landowner and a land user. It is usually revocable. In some circumstances, licences […]
Nature of Licence A licence is a permission, usually under a contract by which a person with title to or possession of property, permits another to occupy or use it. It may be a “bare” permission without any contract. In one sense, a licence is simply permission to do that which would otherwise constitute a trespass. Most licences have a […]
Leasehold In practice, the two main types of estate in land encountered in practice are the absolute freehold interest or leasehold estates for a term of years. After the 2009 land law reforms, they are the only type of legal estate that may now subsist. A lease is effectively a contract that gives an exclusive right of possession of land […]
Sale by Long Lease Some categories of long leases are tantamount to the grant of ownership to the lessee. For tax and economic purposes, they may be treated as a sale. The lessor’s rights may be only to collect a small fixed rent, often described as a ground rent only. Legislation has allowed many such long leasehold interests to be […]
Acquisition Conditions Originally, rights were granted in the 1930s, to the lessees of so-called building and proprietary leases. A building lease was one where the substantial buildings on the premises had been built by the lessee or his predecessor as lessee. The other type of case was where; a substantial capital sum was paid for the lease. In both cases, […]
Rights to Further Lease A person who holds or has held land under a lease is entitled to a reversionary lease of the land if the conditions which provide for the acquisition of the fee simple by lessees are complied with. Where a person is entitled to a reversionary lease his immediate lessor shall be bound to grant the lease […]
Determining the Price In a case where the parties cannot agree on the price for the fee simple, it is determined by arbitration. In residential cases, the Land Registry Ground Rent section carries out the arbitration. In non-residential cases, the determination is made by the County Registrar. He conducts the arbitration. He may request the Valuation Office, to give a […]
Rights to New Lease There is no general right to acquire the freehold or reversionary interest in land, which is not ancillary to buildings. There are special rights for sports clubs to obtain a sporting lease. This is a further lease to commence on the termination of its lease. The sports club or organisation must carry out an outdoor sport, […]
Based on Contract Irish landlord and tenant legislation is relatively unique in that it is stated to be expressly based on contract. That is to say, the relationship is determined in large measure by the terms of the express or implied contract written or verbal between the parties. This important principle was declared in the Landlord and Tenant Law (Amendment) […]
Covenants Bind Successors The position in relation to leasehold covenants differs from that of freehold covenants. Prior to Deasy’s Act, the tenant was bound by covenants in the lease, which touched and concerned the land. Obligations touching and concerning the land are those which benefit it as such. They are covenants that benefit the land and not the owner, tenant […]
Lease Term or Duration The term of a lease or tenancy agreement is the period for which both the landlord must allow the tenant to stay and the tenant must comply with the obligations in the lease. During the term of the lease, tenancy agreement or letting agreement (the expressions mean much the same thing) the landlord cannot terminate the […]
Implied Covenants in leases. Deasy’s Act 1860 implies a number of covenants into leases on the part of landlord and tenant. They may be varied by the terms of the lease. They apply in the absence of anything to the contrary. The provisions of the modern Residential Tenancies Acts are almost all mandatory. No variation by contract is allowed. There […]
Repair Covenants The Landlord and Tenant Act applies to vary repair covenants in leases of tenements (buildings). Damages/compensation is not to exceed the amount by which the value of the reversion, i.e. the landlord’s future interest in the premises, is diminished. This does not apply where the want to repairs due to wilful damage or waste. Damages are not recoverable […]
Transferability Deasy’s Act 1860 provides that the estate or interest of a tenant under a lease is capable of being assigned by a deed or instrument in writing signed by the assignor or his agent lawfully authorised in writing. It is also capable of being passed by will, operation of law, such as by surrender. This provision applies to leases […]
General A landlord may seek to recover rent and leave the tenant undisturbed or may seek to recover rent and forfeit the lease. Generally, the tenant for the time being is liable for the rent. Multiple tenants are usually jointly and severally liable, so that any one of them, can be sued for the whole. As between each other, they […]
Periodic Tenancies Generally a periodic tenancy can be terminated by either landlord or tenant, by giving notice of termination to the other. In the case of a weekly tenant, the notice to quit period is generally a week. In the case of a monthly tenant, a month. In the case of a yearly tenancy, common law required a six months’ […]
Overview Distress is an ancient remedy by which a person is entitled to take the goods of another to compel performance of a duty or in satisfaction of a debt without a court order or process. By statute, distress is allowed for the collection of certain taxes, rates, fines and enforcement of court orders by courts of summary jurisdiction. At […]