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Under the Common Law, both in England and Ireland, the right of the landlord to recover possession of the land in the case of a lease or written contract depended on the covenants and conditions in the contract, and no ejectment could take place unless for a " condition broken."
In the case of Yearly Tenancies.
In the case of tenancies not created by writing—tenancies from year to year—there was no power of eviction for non-payment of rent under the Common Law. The tenant of such a tenancy could only be ejected by a notice to quit, which notice must expire with the termination of the year of his tenancy. This system caused much difficulty to the landlord, as the onus lay on him of proving the commencement of the tenancy, and frequently, even where the tenant had failed to pay the rent, eighteen months passed before possession could be obtained.
The Common Law of England and the tribunals that administered it discouraged the forfeiture of tenants' interests, and the landlord was held strictly to the technical proofs required by law.
The Irish Ejectment Code—how it pressed against the Tenant.
In Ireland a different course was followed. According to an eminent Irish lawyer, the object of the Irish "Ejectment Code," which originated in the reign of Queen Anne, was to expedite and facilitate the eviction of the tenant. It got rid of every formality by which the old Common Law delayed and obstructed the forefeiture of the tenant's estate. Statute after Statute was passed for his purpose. The whole principle of the Common Law was reversed. Chief Justice Pennefather judicially declared that it was a code of law made solely for the benefit of the landlord, and against the interest of the tenant, and that it was upon this principle that judges must administer and interpret it.
Facilities given for evicting Leaseholders.
Down to the year 1816, the landlord who sought to evict a tenant holding under lease was obliged to proceed in one of the Superior Courts of law, a practice which caused much expense and delay When the European peace came in 1815, after the Battle of Waterloo, the fall in agricultural prices rendered it difficult if not impossible, for tenants to pay the high rents which had been fixed while war prices ruled. An Act was immediately passed (56 George III., c. 88) which enabled an ejectment to be obtained in the County Courts at a small cost, and without delay. In this respect, Ireland was forty years ahead of England, as a similar jurisdiction was not given to the English County Courts until 1856.
