The Gazette 1967/71

(ii) written contract for periodic ten ancy. (iii) Oral contract for periodic tenancy. (i) Nature of a condition. (ii) What constitutes a condition in law? (iii) Rights of the assignee of a rever sion to take advantage of a condi tion. (d) Rights and obligations which should be a part of every tenancy contract whether mentioned or not. (e) Rights and obligations which should be part of the contract unless the parties contract out of them, (f ) Rights and obligations which are not part of the contract unless they are specifically mentioned, (g) Waiver of covenants and conditions. Covenants and conditions on the part of the landlord : (a) The usual covenants. (b) Warranty of title. (c) Covenant for quiet enjoyment. (d) Obligation to repair and maintain the common parts, including lifts, where there is multiple occupation. (e) Obligation to notify the tenant of any dis position of the landlord's interest. (f ) In the absence of a written tenancy, obligation to provide a rent book stating the terms of the tenancy. (g) What persons are bound? Convenants and conditions on the part of the tenant : (a) Who are bound by these covenants? (b) The effect of assignment or subdivision of the demised premises. (c) The rights of the lessor. (d) Covenant for payment of rent. (e) Covenant for payment of rates, taxes, etc. (f ) Covenant to repair or keep in repair. (g) Covenants as to user. (h) Covenants against assignment and alien ation. (i ) Covenants to erect buildings. (j ) Covenant not to use or permit the pre mises to be used so as to be a nuisance to neighbours. (k) Covenant not to use the premises so as to invalidate or otherwise affect the fire insurance. (c) Conditions :

It will receive representations in writing from any person or organisation in regard to any aspect of the law relating to landlord and tenant. If any person or organisation wishes to make oral sub missions to explain or expand a written memor andum, the Commission will facilitate the pre sentation of such oral submissions. For your convenience there is attached to this letter a short note setting out the principal headings which are relevant to the Inquiry. These headings are not meant to be comprehen sive. If there is any aspect of landlord and tenant law which is not covered and which you consider deserves consideration, the Commission would be obliged if you would deal with it. If you wish to make any submissions on any aspect of the law of landlord and tenant, please write to the Secretary, the Landlord and Tenant Commission, 72-76 St. Stephen's Green, Dublin 2. Yours faithfully, C. McAllister, 3. Secretary to the Commission 1. The nature of the contract of tenancy (a) Written Contract (i) The Statute of Frauds (b) Oral Contract (c) Persons competent to make a letting and the nature and extent of their authority (i) Owner in fee (ii) Tenant in tail and tenant for life (iii) Persons having fiduciary estates (iv) Mortgagees (v) Joint tenants and tenants in com mon. (vi) Persons under legal disability. The Law of Landlord and Tenant

4.

(d) The duration of the tenancy : (i) Freehold estates, i.e.

for

leases

lives and fee farm grants.

(ii) For a term of years, (iii) Periodic tenancies, monthly, year to year.

weekly,

i.e.

(iv) Tenancy at will. (e) The subject-matter of the tenancy: en croachments, etc. 2. The rights and obligations of the parties to a tenancy

(a) What is a covenant? (b) Usual covenants in-

(i) lease for a term of years.