Repair & Insurance
Landlord and Tenant (Amendment ) Act
Covenants against making improvements.
[1931, s. 58; 1967, s. 28]
68.— (1) A covenant in a lease (whether made before or after the commencement of this Act) of a tenement absolutely prohibiting the making of any improvement within the meaning of section 67 (3) on the tenement shall have effect as if it were a covenant prohibiting the making of the improvement 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 withheld, 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.
Annotations:
Modifications (not altering text):
C21
Application of section restricted (6.12.2004) by Residential Tenancies Act 2004 (27/2004), s. 193(d), S.I. No. 750 of 2004.
Non-application of certain enactments.
193.—None of the following enactments applies to a dwelling to which this Act applies— …
(d) sections 66, 67 and 68 of the Landlord and Tenant (Amendment) Act 1980, and
Damages for breach of covenants to repair.
[1931, s. 55]
65.— (1) Where a lease (whether made before or 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 to 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 recoverable 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.