Landlord and Tenant Law Amendment (Ireland) Act 1860

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Landlord and Tenant Law Amendment Act, Ireland, 1860
Act of Parliament
Royal Coat of Arms of the United Kingdom (variant 1, 1952-2022).svg
Long title An Act to consolidate and amend the Law of Landlord and Tenant in Ireland.
Citation 23 & 24 Vict. c. 154
Territorial extent Ireland
Dates
Royal assent 28 August 1860
Commencement 1 January 1861
Text of statute as originally enacted

The Landlord and Tenant Law Amendment Act, Ireland, 1860 [1] (23 & 24 Vict. c. 154) or the Landlord and Tenant Law Amendment (Ireland) Act 1860, better known as Deasy's Act, was an Act of Parliament preceding the agrarian unrest in Ireland in the 1880s, the "Land War".

Contents

The Act was named after its promoter Rickard Deasy, the Attorney-General for Ireland in the Liberal Party government of Lord Palmerston. [2]

Deasy's Act amended the Landlord and Tenant (Ireland) Act 1826. The 1860 Act was itself amended by the Irish Land Acts.

The Act made contract law the basis for tenancies and abolished any feudal rents paid by services to a landlord, or by payments in kind.

Section 4

Section 4 remains the most important part of Deasy's act still in force. It provides that all leases of over twelve months must be evidenced in writing in order to be enforced.

Continuing effect

The Law Reform Commission in 2003 stated the act "continues as the foundation of the law of landlord and tenant in Ireland". [3] In 2011 the Minister for Justice published a draft scheme of a bill to modernise landlord and tenant law, [4] however the bill was never introduced to the Oireachtas. [5]

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References

  1. This short title was conferred on this Act by section 2 of this Act.
  2. Cunningham, Michael (1998). "A critical evaluation of the statutory protection given to residential tenants in the private rented sector". NUI Galway. Archived from the original on 25 August 2003.
  3. "Consultation Paper on the General Law of the Landlord and Tenant". lawreform.ie.
  4. "Minister Shatter launches overhaul of landlord and tenant law". Department of Justice and Equality. Retrieved 4 May 2020.
  5. "Written Answers, No.199: Proposed Legislation". Dáil Éireann debates. 27 February 2014. Retrieved 4 May 2020.