The relationship between landlord and tenant within Ireland
Introduction
In this essay, I shall discuss the nature of the Landlord and Tenant relationship in Ireland. I will examine the aspects of a Lease from both sides of the relationship and cover the rights of the landlord and tenant under the relevant legislation. In my final chapter I will evaluate how the personal relationship between the landlord and tenant has evolved thought out time with the passing of legislation.
Leases have always been a popular way to regulate the relationship between a landlord and tenant over the rights of land. Whether it be families looking for a long term stay or students searching for accommodation for nine months of the year. “Leases are landholding arrangements in which the tenant receives a proprietary interest in the property and the exclusive possession of it”1. Should the tenant have his rights infringed by the landlord, the tenant may seek court assistance to assist his rights under the lease, or since the creation of the PRTB2, which was established by the Residential Tenancies Act3, alternate dispute resolution is available. The development of leases derives from the Landlord and Tenant Law Amendment (Ireland) Act 1860 which is commonly known as Deasy’s Act, which will be discussed at a later stage, where it was established that the relationship between a landlord and tenant was one based on a contract.
Identification of a Lease
A lease is a legal agreement that results in a tenant receiving a right to exclusively possess land and a proprietary interest on it4. Leases have a variety of different legal protection under relevant statutes for both landlord and tenant so it is important not to confuse a lease with another type of legal arrangement such as a licence. It is important to distinguish the two separate concepts. A licence may be terminated without notice, without cause and also unilaterally. A lease on the other hand needs to be terminated by Deasy’s Act or legislation that has followed, such as breach of
In this essay, I shall discuss the nature of the Landlord and Tenant relationship in Ireland. I will examine the aspects of a Lease from both sides of the relationship and cover the rights of the landlord and tenant under the relevant legislation. In my final chapter I will evaluate how the personal relationship between the landlord and tenant has evolved thought out time with the passing of legislation.
Leases have always been a popular way to regulate the relationship between a landlord and tenant over the rights of land. Whether it be families looking for a long term stay or students searching for accommodation for nine months of the year. “Leases are landholding arrangements in which the tenant receives a proprietary interest in the property and the exclusive possession of it”1. Should the tenant have his rights infringed by the landlord, the tenant may seek court assistance to assist his rights under the lease, or since the creation of the PRTB2, which was established by the Residential Tenancies Act3, alternate dispute resolution is available. The development of leases derives from the Landlord and Tenant Law Amendment (Ireland) Act 1860 which is commonly known as Deasy’s Act, which will be discussed at a later stage, where it was established that the relationship between a landlord and tenant was one based on a contract.
Identification of a Lease
A lease is a legal agreement that results in a tenant receiving a right to exclusively possess land and a proprietary interest on it4. Leases have a variety of different legal protection under relevant statutes for both landlord and tenant so it is important not to confuse a lease with another type of legal arrangement such as a licence. It is important to distinguish the two separate concepts. A licence may be terminated without notice, without cause and also unilaterally. A lease on the other hand needs to be terminated by Deasy’s Act or legislation that has followed, such as breach of