The Minister for Justice, Alan Shatter, has published an information paper and draft Bill aimed at reforming landlord and tenant law, and has invited submissions from interested parties.
The paper and Bill are published on the website of the Department of Justice, and are largely based on reform proposals made by the Law Reform Commission in 2007, which also included a draft Bill. It did not deal with residential tenancies or ground rent, which were dealt with separately.
Announcing the consultation process, Mr Shatter said the issue of “upward only” rent reviews was being dealt with separately and would not be delayed by the consultation. In light of the difficult economic circumstances, consultations were ongoing with the Attorney General on this issue so that it could be progressed as expeditiously as possible, he said.
“While the law relating to residential tenancies was updated in 2004, our general landlord and tenant law dates back to Deasy’s Act in the middle of the 19th century and is greatly in need of reform,” he said. “A modern landlord and tenant code applicable to business tenancies is essential for our economic recovery and the entire landlord and tenant code needs to be updated to make it ‘fit for purpose’ in the 21st century.”
The draft Bill contains a number of measures aimed at removing legislative provisions that militate against commercial practice and the operation of free market choice. It also seeks to ensure that agreements would not have unintended and unforeseen consequences.
It outlines the formalities for the creation of the relationship between landlord and tenant; the position of successors in title to the original landlord and tenant; general obligations between the two along with the specific obligations of both landlord and tenant; remedies for the enforcement of obligations and the termination of the relationship.
Mr Shatter said that the proposed legislation would involve the repeal of at least 35 pre-1922 statutes, some dating from the 17th century.