Landlord and Tenant Law of Northern Ireland - Essay Example

Running head: Land Law Landlord and tenant law Northern Ireland law is complex and to most,it is outdated. This is because most of the basic concepts can be dated to be from 11th century. The land law has been a major agenda for the lawmakers to reform it and thus maintain the pace with the other members of common law. The Northern Ireland Law Commission is on the verge to modernize land law and property owner and tenant law. The Northern Ireland land law is lagging behind England, Wales, the two countries have had reforms in 1925, and later in 2002, and this has made their land law modernized and simple to understand. Scotland being a country that also uses the common law has also reformed its land law due to the devolution in 1998.1 The feudal tenure is one of the key areas that need to be changed. The Crown owns Land whereas the person should own the land who owns the estate in normal terms, the public is not fully aware of land ownership and this is because of the complexity of the land law. The Commission should thus take the step and reform the tenure concept.2 Deasy’s Act of Northern Ireland property owner and tenant law, states the laws that both the lessee and the lesser should follow.3 The lessee is entitled to a peaceful and quality possession and in return, he should pay rent. By doing so they will be observing the law, it is also lawful for the lessee to act as a lesser and earn profit. The primary lessee can lease out the property if the contract they had with the owner allows it. This is different to the case between Craigdarragh Trading Co V Doherty in 1986. Doherty who was a tenant of a unit in Carryduff shopping Centre although off license, wanted to lease out the unit to Woods Co. but in their agreement with the owner Doherty could not lease out the property without the owner’s consent.4 The owner declined to allow Doherty to lease out the property, Doherty went ahead and leased out the unit. As a result, Woods CO. began selling tobacco. Doherty was sued in a court of law and is guilty as charged, the owner had not permitted him to lease out the unit. In all common laws, nations if a person leases a property for 50 years he is entitled to retain reversion and have the right to own the property as he has shown an interest for leasing the property for that long. This was not the case in Northern Ireland, as this rule did not apply. The Commission has now embraced this rule in leasing in Deasy’s Act.5 This came to be due to the case involving opposite to Street v Mountford ratio. The lease covenant should be detailed and easy to understand before rent is paid. It should show the responsibility of the tenant and that of the property owner. Both parties are entitled to perform their responsibilities to the best way possible. If the fail, they are liable to face the law to their breach of the lease. In most cases, the property owner has the power to grant and end a lease. In England and Wales, the property owner is not entitled to determine the rent as the law indicates the rent.6 The tenant is obliged to repair and take care of the property. Northern Ireland recent years have indicated that any lease should have supporting documents, failure of supporting documents makes the agreement just a contract and not a lease just as experienced in Parker v Taswell case. This is to ensure that the court have the evidence require in case one of the parties breaches the lease agreement. Short-term leases are not entitled to have a written lease agreement but can be oral. Sheridan `Walsh v Lonsdale in Ireland’ and incase of any dispute the common law rules are used. This case is that not applicable in Northern Ireland since all their leases are under the Deasy’s law. This is a short-coming since short-term leases are more than the long term leases and thus should have a law governing them. In the short-term leasing no party can terminate the lease agreement without a proper notice to the other party. A tenant is entitled to exclusive possession just as witnessed in AG Securities v Vaughan.7 In this case there was no exclusive possession since the four tenants had different terms, date of leasing and rent. This is therefore not a joint lease but only a license that cannot be enforced by the court. A joint lease on the other hand is legal and the date of the individuals to enter the flat is the same. The rent is similar to all the tenants. If that is not the case the primary tenants may opt to add other tenants and by so doing the sub tenants will pay their rent to the primary tenants. The division of the rent paid is not always divided equally. The only problem of adding a subtenant is that the primary tenants are liable to any damage that the subtenant may cause. In a joint lease privacy should also be observed and there should be no trespass. The commission is also very keen to provide a simplified law of settlement and trusts. This is for making the beneficiaries of land to possess the power and authority just as enjoyed by the previous owner.8 This law goes hand in hand with the concurrent ownership law that states that several people can own the same land at the same time. The Commission here is in the view that the courts should have the mandate and power to partition the land owned by several people. The Northern Ireland land law and landlord and tenant law is a step behind the other countries that use the common law. The Commission with an aim to improve these laws they have introduced the mortgage law that is illustrated by the case involving Belgravia insurance Co. Ltd v Meah.9 This case involved the tenant leasing business premises for seven years with an option for renew. Part of the price for the premises was to be left as mortgage but this did not go well with the landlord who filed a case claiming forfeiture of the lease. Imray v Oakshette case study is a good example that a lessee may gain court protection even in the event of breaching the covenant. In this circumstance the lessee must show that he is blameless and a very cautious person. By so doing he is entitled to court protection. If the lessee is found out to be negligent in his actions then relief against a forfeiture will be denied. Deasy’s Act which is responsible to ensure that the land law is followed to the later advocates for privacy and it offers the remedies of those found trespassing.10 The landlord is supposed to ensure that the tenant is enjoying his privacy, failure to which the tenant is entitled to sue the lessor in a court of law. Easton Mansion (Westminster Ltd v Stinger Compania De Inversion S.A case involve trespass, an unlawful installation of an air conditioning unit on the roof. The case is ruled in favor of the landlord and he is paid due to damages caused by the trespass. Neighbors are essential to every tenant and thus they should be treated with respect. Conducive environment is one of the necessities to maintain a good neighbor. Northern Ireland Deasy’s Act orders that negligence, noise pollution and trespass are punishable by law. The tenant is also entitled to the same treatment from his neighbor. The privacy of the two parties should be maintained as failure to which one can be sued and pay for the damages he causes due to the interference of the other party’s privacy.11 Tiger Aspects Holding Ltd and Anor V Sunlife Europe properties Ltd is a case study that helps to show the diminution in value of reversion at the end of the lease period. This is provided by the Deasy’s Act and reversion should be granted to lessee who have leased the property for many years. The introduction of the Deasy’s Act by the Commission of Northern Ireland is a huge step towards the other countries that use common laws, these countries are namely; England, Wales, Scotland and Republic of Ireland.12 The law in these countries is modernized since they are reformed from those that Northern Ireland has been using. Their laws are clear and simple to understand, they are flexible so as to work even in emerging issues of land and landlord and tenant problems. The Commission should thus do their best to help end the complexity of the law. This will ensure that the public understands the law and is able to follow it. Northern Ireland should learn for her neighboring countries to ensure that her laws are modernized. Bibliography Alder, John, and Christopher R. Handy. Housing Association Law and Practice. London: Sweet & Maxwell, 2003. Brennan, Gabriel. Landlord and Tenant Law. 2013 Burn, E. H., and John Cartwright. Cheshire and Burns Modern Law of Real Property. Oxford: Oxford University Press, 2011. Burn, E. H., John Cartwright, and Ronald Harling Maudsley. Maudsley & Burns Land Law: Cases & Materials. Oxford: Oxford University Press, 2009. Eaton Mansions (Westminster) Ltd v Stinger Compania De Inversion S.A. [2013] EWCA Civ 1308 (30 October 2013) Anis Waiz, 5th November 2013 Edwards, Aaron. The Northern Ireland Troubles: Operation Banner 1969-2007. (Osprey Publishing, 2011). Forde, Michael, and David Leonard. Constitutional Law of Ireland. Haywards Heath [etc.]: Bloomsbury Professional, 2013. Harpum, Charles, Robert Megarry, and William Wade. The Law of Real Property. London: Sweet & Maxwell, 2011. Hoggart, Richard. The Uses of Literacy: Aspects of Working-Class Life. London: Penguin, 2009. McQuade, Owen and McKernan, Michael. Northern Ireland Yearbook. (Bmf Business Services, 2004). Narain, Brian. Public Law in Northern Ireland, Shanway Services Ltd. (Muckamore, Northern Ireland, 1975). Walter, Philip, and James Harris. Claims to the Possession of Land: The Law and Practice. Croydon: Tolley Publ. Co, 1996. Read More