Lease Covenants
Deasy’s Act 1860
LANDLORD AND TENANT LAW (AMENDMENT) ACT, IRELAND, 1860
Assignees of Tenant Bound
11. Every assignee of the estate or interest or any part thereof of any tenant, by lawful assignment, or by devise, bequest, or act and operation of law, made after the passing of this Act, shall be subject to the observance of all agreements in respect of assignment or subletting to the same extent as the original tenant might have been.
Assignee of Landlord
12. Every landlord of any lands holden under any lease or other contract of tenancy shall have the same action and remedy against the tenant, and the assignee of his estate or interest, or their respective heirs, executors, or administrators, in respect of the agreements contained or implied in such lease or contract, as the original landlord might have had against the original tenant, or his heir or personal representative respectively; and the heir or personal representative of such land lord on whom his estate or interest under any such lease or contract shall devolve or should have devolved shall have the like action and remedy against the tenant, and the assignee of his estate or interest, and their respective heirs or personal repre sentatives, for any damage done to the said estate or interest of such landlord by reason of the breach of any agreement contained or implied in the lease or other contract of tenancy in the lifetime of the landlord, as such landlord himself might have had.
Tenant v Assignee of Landlord
13. Every tenant of any lands shall have the same action and remedy against the landlord and the assignee of his estate or interest, or their respective heirs, execu tors, or administrators, in respect of the agreements contained or implied in the lease or other contract concerning the lands, as the original tenant might have had against the original landlord, or his heir or personal representative respectively; and the heir or personal representative of such tenant, on whom his estate or interest shall devolve or should have devolved, shall have the like action and remedy against the landlord, and the assignee of his estate or interest, and their respective heirs and personal representatives, for any damage done to the said estate or interest of such tenant by reason of the breach of any agreement contained or implied in the lease or other contract of tenancy in the lifetime of the tenant, as such tenant might have had.
Pre Assignment Rights and Obligations
14. No landlord or tenant, being such by assignment, devise, bequest, or act and operation of law only, shall have the benefit or be liable in respect of the breach of any covenant or contract contained or implied in the lease or other contract of tenancy, otherwise than in respect of such rent as shall have accrued due, and such breaches as shall have occurred or contlnued subsequent to such assignment, and whilst he shall have continued to be such assignee: Provided, however, that no assignment made by any assignee of the estate or interest of any tenant shall discharge such assignee from his liability to the landlord, unless and until notice in writing of the particulars of such assignment shall have been given to the landlord.
Liability of Assignee
15. Every tenant, being an assignee as aforesaid, who shall have assigned his estate or interest in the lease or other ‘contract of tenancy in the interval between two gale days, shall, notwithstanding such assignment, be liable as assignee to the payment of the rent and the performance of the agreements contained in the lease or other contract up to and including the gale day next following the service of notice of the said assignment.
Discharge of Tenant
16. From and after any assignment hereafter to be made of the estate or interest of any original tenant in any lease, with the consent of the landlord, testified in manner specified in section ten, the landlord so consenting shall be deemed to have released and discharged the said tenant from all actions and remedies at the suit of such landlord, and all persons claiming by, through, or under him, in respect of any future breach of the agreements contained in the lease, but without prejudice to any remedy or right against the assignee of such estate or interest.
Conveyancing Act 1881
CONVEYANCING ACT, 1881
Obligations and Covenants
10. – (1) Rent reserved by a lease, and the benefit of every covenant or provi sion therein contained, having reference to the subject-matter thereof, and on the lessees part to be observed or performed, and every condition of re-entry and other condition therein contained, shall be annexed and incident to and shall go with the reversionary estate in the land, or in any part thereof, immediately expectant on the term granted by the lease, notwithstanding severance of that reversionary estate, and shall be capable of being recovered, received, enforced, and taken advaniage of by the person from time to time entitled, subject ot the term, to the income of the whole or any part, as the case may require, of the land leased.
(2) This section applies only to leases made after the commencement of this Act.
Annexation to Reversion
11. – (1) The obligation of a covenant entered into by a lessor with reference to the subject-matter of the lease shall, if and as far as the lessor has power to bind the reversionary estate immediately expectant on the term granted by the lease, be annexed and incident to and shall go with that reversionary estate, or the several
parts thereof, notwithstanding severance of that reversionary estate, and may be taken advantage of and enforced by the person in whom the term is from time to time vested by conveyance, devolution in law, or otherwise; and, if and as far as the lessor has power to bind the person from time to time entitled to that reversionary estate, the obligation aforesaid may be taken advantage of and enforced against any person so entitled.
(2) This section applies only to leases made after the commencement of this Act.
Landlord and Tenant (Amendment) Act 1980
LANDLORD AND TENANT (AMENDMENT) ACT, 1980
Defintion of Lease
64. – In this Part, ‘lease’ includes a yearly tenancy arising by operation of law or by inference on the expiration of a lease and a statutory tenancy implied by holding over premises on the expiration of a lease.
Repair Covenant
65. – Where a lease (whether made before of after the commencement of this Act) of a tenement contains a covenant (whether express or implied and whether general or specific) on the part of the lessee to put or keep the tenement in repair during the currency of the lease or to leave or put the tenement in repair at the expiration of the lease and there has been a breach of the covenant, the subsequent provisions of this section shall have effect.
(2) The damages recoverable in any court for the breach shall not in any case
exceed the amount (if any) by which the value of the reversion (whether mediate or immediate) in the tenement is diminished owing to the breach.
(3) Save where the want of repair is shown to be due, wholly or substantially, to wilful damage or wilful waste committed by the lessee no damages shall be recover able in any court for the breach if it is shown –
(a) that, having regard to the age and condition of the tenement, its repair in accordance with the covenant is physically impossible, or
(b) that, having regard to the age, condition, character and situation of the tenement, its repair in accordance with the covenant would involve expenditure which is excessive in proportion to the value of the tenement, or
(c) that, having regard to the character and situation of the tenement, the tenement could not when so repaired be profitably used or could not be profitably used unless it were re-built, re-constructed or structurally altered to a substantial extent.
Alienation
66. – A covenant in a lease (whether made before or after the commencement of this Act) of a tenement absolutely prohibiting or restricting the alienation of the tenement, either generally or in any particular manner, shall have effect as if it were a covenant prohibiting or restricting such alienation without the licence or consent of the lessor.
(2) In every lease (whether made before or after the commencment of this Act) in which there is contained or in which there is implied by virtue of the British Statute passed on the 5th day of May, 1826, and entitled ‘An Act to amend the Law of Ireland respecting the Assignment and Sub-letting of Lands and Tenements’ or by virtue of subsection (1) a covenant prohibiting or restricting the alienation, either generally or in any particular manner, of the tenement without the licence or consent of the lessor, the covenant shall, notwithstanding any express provision to the contrary, be subject –
(a) to a proviso that the licence or consent shall not be unreasonably withheld, but this proviso shall not preclude the lessor from requiring payment of a reasonable sum in respect of legal or other expenses incurred by him in connection with the licence or consent, and
(b) where the lease is made for a term of more than forty years and is made in consideration wholly or partially of the erection or substantial addition to or improvement or alteration of buildings, to a proviso to the effect that, in the case of any alienation of the tenement in contravention of the covenant effected more than seven years before the end of the term, no such licence or consent shall be required if notice in writing of the transac tion is given to the lessor within one month after the transaction is effected, and
(c) where such alienation would cause a transfer or increase of any rates, taxes or other burden to or of the lessor, to a proviso that all expenditure incurred by the lessor by reason of the transfer or increase shall be reimbursed by the lessee to the lessor as and when so incurred and shall be recoverable from the lessee as rent under the lease.
User
67. – (1) A covenant in a lease (whether made before or after the commence ment of this Act) of a tenement absolutely prohibiting the alteration of the user of the tenement shall have effect as if it were a covenant prohibiting such alteration without the licence or consent of the lessor.
(2) In every lease (whether made befox:e or after the commencement of this Act) of a tenement in which there is contained a covenant prohibiting either expressly or by virtue of subsection (1) the alteration of the user of the tenement without the
licence or consent of the lessor, the covenant shall, notwithstanding any express provision to the contrary, be subject
(a) to a proviso to the effect that ‘the licence or consent shall not be unreason ably witheld, but this proviso shall not preclude the lessor from requiring payment of a reasonable sum in respect of legal or other expenses incurred by him in connection with the licence or consent, and
(b) unless the alteration involves the erection, provision or reconstruction (otherwise than as an improvement Within the meaning of subsection (3)) of any building or structure, to a proviso that no fine or sum of money in the nature of a fine (other than any sum authorised by this section) nor any
increase of rent shall be payable for or in respect of the licence or consent, and
(c) if the alteration would cause a transfer or increase of any rates, taxes oor other burden to or of the lessor, to a proviso that all exprenditure incurred by the lessor by reason of the transfer or increase shall be reimbursed by the lessee to the lessor as and when so incurred and shall be recoverable from the lessee by the lessor as rent under the lease.
(3) In this section and section 68, ‘improvement’ means any addition to or alteration of a building or structure and includes any structure which is ancillary or subsidiary thereto but does not include any alteration or reconstruction of a building or structure so that it loses its original identity.
(4) The references in section 29 of the Act of 1967 to an improvement shall be construed as references to an improvement within the meaning of subsection (3).
Improvements
68. – (1) A covenant in a lease (whether made before or after the commence ment of this Act) of a tenement absolutely prohibiting the making of any improve ment within the meaning of section 67 (3) on the tenement shall have effect as if it were a covenant prohibiting the making of the improvment without the licence or consent of the lessor.
(2) In every lease (whether made before or after the commencement of this Act) of a tenement in which there is contained a covenant prohibiting either expressly or
by virtue of subsection (1), the making of any improvement within the meaning of section 67 (3) on the tenement without the licence or consent of the lessor, the covenant shall, notwithstanding any express provision to the contrary, be subject –
(a) to a proviso that the licence or consent shall not be unreasonably witheld, and
(b) to a proviso that no fine or sum of money in the nature of a fine (other than a reasonable sum in respect of legal or other expenses incurred by him in connection with the licence or consent) nor any increase of rent shall be payable for or in respect of the licence or consent.
Lessor Unfound
69. -Where-
(a) a lease (whether made before or after the commencement of this Act) of a tenement contains a covenant prohibiting or restricting the doing by the lessee of any particular thing without the licence or consent of the lessor, and
(b) the rent reserved by the lease has not been paid for five or more years, and
(c) the lessor is not known to and cannot be found by the lessee,
the Court may, on the application of the lessee and after the publication of such (if any) advertisements as the Court directs, authorise the lessee, subject to such (if any) conditions as the the Court thinks fit to impose, to do the particular thing so prohibited or restricted and thereupon it shall be lawful for the lessee to do such particular thing without the licence or consent of the lessor, in accordance with the conditions (if any) so imposed.