NOTHING, except perhaps the desire to step into a dead man's shoes, creates so much litigation in the Courts as the ordinary relation of landlord and tenant Many of us are landlords, nearly all of us who can call a place "home" are tenants. As, however, there are more tenants than landlords, and a landlord must of necessity have greater occasion for consulting his solicitor than his tenant, it is intended here to discuss the law on the subject rather from the latter's than the former's point of view. Of course only a very general survey of the matter can be brought within the limits of this book, and it will not (nor is it intended to) obviate a visit to one's solicitor if any serious difficulty should arise, or if there should be any prospect of litigation.

How the Relation of Landlord and Tenant is created.

This may be treated under four different heads:

1. By Lease.

2. By Entry under an Agreement for a Lease.

3. By Assignment

4. Other ways.

1. Leases.- A lease is a contract by which one person who has an interest in land or house property grants to another the exclusive possession and enjoyment of it for a definite period, called a term, in consideration of the payment of an agreed rent by the tenant.

A lease for less than three years, reserving a rent of at least two-thirds of the

full annual value of the property, may be, and frequently is, made verbally, without writing; and if in writing, it does not require to be sealed. Verbal understandings are, however, a fertile source of litigation, and should be eschewed.

A lease for more than three years, or one reserving a rent of less than two-thirds of the annual value of the property, must be made not only in writing, but by deed. But if a tenant enters under an agreement in writing for a lease for more than three years, he is practically in as good a position as if he had a lease, for such an agreement, when complete in all its terms, will be specifically enforced by the Court.

Tenancy under an agreement for a lease will be considered further on. A lease can commence at any date, past, present, or future, and may end at any future date ; but its duration must be definitely fixed, and cannot be made to depend upon the happening of some uncertain event. Thus, a lease to last " during the life of the lessee " is bad, at any rate as a lease for years, but a lease " for ninety-nine years, if the lessee shall live so long," is perfectly good. A lease, however, frequently contains a covenant by the landlord to renew it at the expiration of the term, and sometimes an option for the tenant to purchase the property.

In saying that the duration of a lease must be definitely fixed, this is not to be taken as including what are known as " leases for lives," which, however, are not a real exception to the rule. A lease for the life of the lessee, or for two or three other persons' lives does not create the ordinary relation of landlord and tenant at all, but confers a freehold estate in the land. Unless made by deed, it is void, and if the lessee for lives dies before the lease has expired, it descends to his heir as real property, while a lease for a term of years is personal property. Leases for lives, formerly largely resorted to, especially by ecclesiastical corporations, are now falling into disuse, though still fairly common in the West of England. The practice was to grant leases for the lives of two or three well-known persons, such as the Queen, or other members of the Royal family, because there is no difficulty in ascertaining when they die. Such leases are often renewable when one life only is left, by adding other lives. The technical expression for the interest created by a lease for lives, is " an estate pour autre vie."

The essential terms which must be expressed in a lease are :

1. the parties ;
2. operative words letting the premises ;
3. a description of the premises sufficient to identify them;
4. the date of commencement and duration of the term ;
5. the amount of the rent payable.

There must be certainty on all these points, or there is no valid lease.

At the end of this Chapter will be found a short form of agreement (in reality, though not in name, a lease) for a tenancy " from year to year " (see " Tenancy under an Agreement for a Lease " below, where this expression is explained) ; also a short form of agreement for a tenancy of furnished apartments.

Rent, if payable quarterly, is customarily paid on the usual quarter-days. In some parts of the country it is the custom to pay rent half-yearly. But if the term does not begin on or near a quarter-day it is generally paid on the same day of the month, every three months, as that on which the term began.

Usual Covenants in a Lease.

1. Implied Covenants.- The following covenants are always implied in a lease, whether expressed or not :
1. A covenant by the lessor for quiet enjoyment, guaranteeing undisturbed possession to the tenant, and extending to the lawful acts of all persons. This is usually superseded in practice by an express covenant to a similar effect, but less wide, being limited to the acts of the landlord and persons claiming under him.
2. If the word "demise" is used in the lease, a covenant by the lessor for title, i.e., that it is a valid lease.
3. A covenant by the lessee to repair, almost always superseded by an express covenant to the like effect. It is very difficult to say, with any approach to certainty, to what extent the tenant is bound to do repairs in the rare absence of any express covenant in the lease or agreement. Probably he is only bound to do such internal repairs as are absolutely necessary to prevent the decay of the premises. Generally speaking, the shorter the term, the smaller the liability of the tenant to do repairs.
4. In two cases only, a covenant by the landlord that the premises are reasonably fit for habitation. These cases are:
1. The letting of furnished houses and apartments.
2. The letting of dwellings for the working-classes.

This latter case arises under a recent Act of Parliament, which specifies the maximum rents payable for dwellings to which the Act applies, viz., �20 in London, �13 in Liverpool, �10 in Manchester and Birmingham, and �8 in the rest of England.

Where, for instance, owing to insects or vermin, or defective drains, or contagious illness, the premises are not reasonably fit for habitation, the tenant may repudiate his tenancy, and, if he has been subjected to any loss bring an action for damages against the landlord. It is no answer for the latter to say that he honestly believed the premises were fit for habitation.

It is important to observe that no such covenant is implied in any letting of premises not within the above-mentioned cases. Consequently, with regard to drains, it is most important for an intending tenant to have the drains properly tested by a surveyor, or some other competent person, on his behalf, or if he cannot do this, at any rate, to obtain a definite assurance in writing from the landlord that they are in proper order, which will make the latter liable if they should turn out to be defective. Otherwise he may find himself landed in a very awkward position.

5. In leases and agreements relating to agricultural land, a covenant on the part of the tenant to cultivate the land in a proper and husbandlike manner, and according to the custom of the district.
2. Express Covenants.- The following is a list of the covenants most commonly inserted in leases.
1. To pay rent.
2. To pay rates and taxes.
3. To repair.
4. To insure.
5. Relating to trade or business.
6. Not to assign without license.
7. Not to commit waste.
8. For quiet enjoyment (by landlord).
9. In agricultural and mining leases, to work the property properly.
10. To renew the lease.

It should be borne in mind that an express covenant always supersedes an implied covenant to the like effect, and may either limit or extend it.

1. Covenant to pay Rent.- Rent should be paid to the landlord, or his agent, in the same way as any other debt, and on the days named in the lease or agreement, or, if none are named, the usual quarter-days. It is generally collected by an agent on behalf of the landlord. In the case of furnished apartments, rent is usually payable monthly, or even weekly. A tenant should be careful not to pay rent in advance of the proper rent-day ; for if he does so and the landlord afterward, assigns or mortgages his reversion (i.e., his interest in the property subject to the lease), and the assignee gives notice to the tenant before the day to pay him. the tenant will be liable to pay over again. Again, a tenant should never send a cheque for rent by post, unless the landlord has asked him to do so, for, if lost, the loss falls on the former if he has not been so requested. A tenant may deduct from his rent any " landlord's taxes " paid by him. Such taxes are:
1. landlord's property tax ;
2. land tax, and
3. tithe rent-charge,

also any other tax which the landlord has expressly agreed to pay, and has not paid.

If the rent is not paid, the landlord may bring an action for it, and get summary judgment, but the more usual and effective remedy is to put in a distress on the premises. Distress will be discussed later on. Where, however, a tenant's goods have been taken in execution by another creditor, the latter may not remove them until he has paid the rent due at the time, subject to certain limitations as to arrears.

A landlord has no preferential claim against the estate of a deceased tenant for rent in arrear at his death.

2. Covenant to pay Rates and Taxes.-The tenant usually covenants to pay all rates and taxes, except what are known as " landlord's taxes," which the landlord is bound by law to pay. These are
1. landlord's property tax-in reality the income tax on the rent ;
2. land tax, and
3. tithe rent-charge.

The two latter may be, and are often, commuted by the payment of a lump sum, and thereupon cease to be payable. The following are " tenant's taxes," which the tenant is bound to pay, unless the landlord expressly covenants to do so, viz.,

1. poor-rate (except where the term is less than three months) ;
2. county, borough, and highway rates ;
3. assessed taxes (e.g., the inhabited house duty) ;
4. general district rates under the Public Health Act ;
5. water rate, and
6. gas rate.

Where, however, the annual value of the premises is under �10 the landlord is liable to pay water rate, and the local authority may also rate the landlord, instead of the occupier, for rates under the Public Health Act. For the purposes of the poor rate, the owner of a house, or apartments let furnished, is considered as the occupier. As a rule, a tenant of furnished apartments only pays gas rate, or gas and water rates. An incoming tenant is not liable for arrears of gas rate owed by any tenants who have preceded him. The main object of the covenant is to make the tenant liable to pay any taxes and outgoings not coming under one of the above one of the above heads.

3. Covenant to Repair.- This covenant varies greatly in different leases, and is always difficult to interpret. The requisite amount and extent of repairs is a question depending upon the circumstances of each case, and therefore no hard-and-fast rule can usefully be laid clown. But a few general remarks may be of some assistance.

Some covenant of the kind is invariably inserted, for the liability of a tenant to repair is, in its absence, of a very shadowy description, probably not extending much further than a mere implied negative undertaking not to damage the property. The nature and extent of repairs is governed largely by the age, class, and condition of the premises at the time of the letting. As a rule, the tenant is only bound to keep the property in as near as possible the same condition as it was when let to him, and is not liable for any diminution in value caused by time or the weather. A common form used in leases is "to keep and leave the premises in tenantable repair." This, it has been decided, means just such repairs as would leave them fit for the occupation of an ordinary reasonable person, and does not make the tenant liable for painting, papering, white-washing, or other decorative repairs, unless absolutely necessary to preserve the fabric of the house from falling into such a state of disrepair that no reasonable person would take it as it was. And the same would apply to structural repairs ; the tenant would not, under such a covenant, have to replace doors, cupboards, or other woodwork, if he could by mending put them into a condition good enough to satisfy a reasonable tenant. The expression " reasonable wear and tear excepted " is often found added to this kind of covenant. It has no particular technical meaning, however, and might very well be omitted in most cases, as being necessarily implied. On the other hand, the expressions " Substantial," " complete," or " thorough " repair, mean a great deal more, and certainly include painting and papering, when necessary.

The tenant should beware of entering into any covenant to "keep in repair" premises which are out of repair at the time he takes their, unless the landlord at the same time expressly agrees to first put them into repair, otherwise the tenant will find that he is liable to put them into repair.

Frequently the landlord is himself a tenant under a lease for a longer term, by which he is bound to do certain repairs. In such a case the landlord commonly binds the tenant to perform and observe the covenants in the superior lease, and the latter therefore must take care to ascertain exactly what his obligations are.

This practice, however, would not apply to tenants for comparatively short periods (three years or less). Another common custom, especially in the provinces, is for the landlord and tenant to divide the liability for repairs, the former doing the outside of the house, the latter the inside. But suppose the landlord neglected his part of the bargain, and in consequence wet got through the root and damaged the walls and ceilings, the tenant would not be liable to repair the latter.

If the landlord sues the tenant for breach of covenant to repair before the term has expired, the measure of the damages will be the loss to the former's reversion, that is to say, the diminution in value which his property will have suffered by the end of the term. If the term has still a long time to run, this may be merely a nominal amount. But most claims under this covenant for " dilapidations," as they are called, arc made after the term has expired, when the proper measure of damages is the amount which it will cost the landlord to put the premises in the condition in which the tenant ought to have left them - generally a much larger sum of money than in the first case.

The tenant cannot get rid of his liability under this or any other covenant by assigning or underletting the premises to anybody.

4. Covenant to Insure.-This is also a covenant of which there are many varieties. Sometimes the office is named in the

lease, but as a rule it is left to the tenant's choice. The tenant is generally required either to insure in the landlord's name, or in the joint names of himself and the landlord, within a reasonable time after the lease has been executed. If the tenant fails to insure, or allows the policy to lapse, and the building is burnt down, he will be liable for the whole, at any rate to the extent of the insurance money, as damages for breach of covenant.

It is very desirable for the tenant to insure, even if he be not bound to do so, for the fact that the house is burnt down, or otherwise destroyed, does not absolve him from continuing to pay rent, unless the fire was occasioned by the act or default of the landlord himself.

5. Covenants Relating to Trade or Business.- These are what are known as "restrictive " covenants, because they restrict the use and enjoyment of the property by the tenant in some way or another. There are a great many different kinds of restrictive covenants, which differ according to the nature of the property, but they mostly fall under one or other of the following heads.

Negative Covenants.

1. Not to carry on any trade or business (the commonest form).
2. Not to carry on certain specified trades.
3. Not to carry on an offensive trade, e.g., a slaughterhouse.
4. Not to do or permit anything to cause annoyance to the landlord or neighbours. Continual practising of music and singing has been held to be a breach of this form of covenant.

Affirmative Covenants

5. To use the premises as a private residence only. Keeping a school or boarding-house is a breach of this covenant.

6. To use the premises for the purposes of a particular trade only.

This is a common form of covenant in the case of a lease of licensed premises, and is generally then followed by a covenant not to do or permit anything whereby the license may be jeopardised.

A lease of a public-house by a brewer invariably contains a covenant by the tenant to purchase all beer sold therein from the landlord, and this implies an undertaking by the latter that the beer supplied shall be of good quality. This constitutes what is known as a "tied" house.

Where an owner of land lays it out for building upon a regular scheme, involving the erection of a number of houses of a similar class, the leases are nearly always in the same form, and contain mutual restrictive covenants as to the use of the premises, which may be enforced not only by the landlord, but also by any of the neighbouring tenants against any tenant committing a breach of them, provided that such covenants are imposed for the mutual advantage of the tenants. If, however, breaches of such covenants have been acquiesced in for some time, it will not be easy to enforce them against a person who is alleged to be infringing any of them. Persons who carry on schools, boarding-houses, or other institutions of a like character, as well as people who teach music, ought to be very careful before taking a house to see that there is no restrictive covenant in the lease from the owner of the land which might possibly prevent their earning their living. Schools in particular are regarded as a nuisance in good class residential districts, and it is often difficult to find a house in which one is permitted to be carried on.

These restrictive covenants are not only found in leases, but also in purchase-deeds, so that even a freeholder may not always do what he likes with his own. They are generally enforced by injunction in the Chancery Division.

6. Covenant not to Assign without License.- In reality this is a restrictive covenant, but of an entirely different class to those mentioned above. It does not forbid underletting, unless it expressly says so, only assignment of the whole term. Similarly a covenant against underletting does not forbid assignment. It is usually provided that the landlord's license shall not be unreasonably withheld, at any rate in the case of a responsible tenant. Another and perhaps wider form of this covenant is " not to part with the possession of the premises," and a breach of this would be committed if the tenant permitted any other persons to occupy any substantial part of the premises.
7. Covenant against Waste.- Waste means wilful damage to property, or alteration of its character in such a manner as to impair its value. It is of two kinds, viz., " voluntary waste," which consists in doing some act such as pulling a house down, and " permissive waste," i.e., abstention from doing what is necessary - allowing a house to fall into ruin. In the case of house property, a special covenant against waste is hardly necessary, as the covenant to repair meets the necessities of the case ; however, the tenant sometimes expressly agrees not to erect any buildings or make any alterations without the license of the landlord. Examples of waste in a house are - turning two rooms into one, pulling down wainscot or fixtures, or making unauthorised additions. The covenant is always inserted in leases of agricultural land and farms. It is waste to convert arable into pasture, or pasture into arable land ; to remove soil from gardens ; to open new quarries or mines, unless expressly authorised ; also to cut down fruit or timber trees, but not to make ditches or drains ; to lop hedges or to cut down bushes (except fruit or ornamental shrubs), or trees which are not timber.

" Timber " properly means trees at least twenty years old whose wood is used for building or repairing houses. Oak, ash, and elm are considered as timber everywhere ; other trees may be so by local custom, e.g., beech in Buckinghamshire, but not elsewhere.

The measure of damages for breach of this covenant is the diminution in value of the reversion, i.e., the landlord's property at the end of the term.

8. Covenant by Landlord for quiet Enjoyment.- The express covenant to this effect, which invariably supersedes and displaces the implied one, is intended to protect the tenant from being disturbed or dispossessed through any defect in the landlord's title. The landlord covenants that so long as the tenant pays his rent, and performs and observes the other covenants in the lease, he shall peacefully and quietly enjoy possession of the premises undisturbed by any act of the landlord, or his agents or servants, or any person claiming under him, e.g., a person to whom he has assigned or mortgaged his interest in the property. But the covenant does not extend to the acts of a stranger, such as the landlord of a superior lease, unless so expressed.

A notice given by the landlord to the undertenants of the lessee directing them not to pay their rent to him any longer has been held, if complied with, to be a breach of the covenant.

9. Covenant to work the Property properly.- This is a covenant peculiar to agricultural and mining leases. The usual form in a lease of a farm is " to cultivate the land in a husbandlike manner, according to the custom of the district." What the local custom is must be proved in each case. It might be a breach of the covenant to plough two-thirds of the land, where only half is customarily ploughed. It is not, however, a breach to put up glass houses to grow early fruit and vegetables.

There is frequently added a covenant not to remove produce, i.e., hay, straw, or manure, from the land, but to consume it all upon the premises. Where a tenant under his lease may not remove produce, and his property is taken in execution, the sheriff must not sell such produce, except to a purchaser who will undertake to consume it on the land.

In a mining lease the tenant is bound to work the property in a proper manner, and also according to custom, which varies very much with the district. He is not allowed to stop working, so long as he has not to work at a loss. Strikes are also provided for, as a rule. Mines are very seldom worked by the owners of the land, but they are leased for long terms to lessees (often companies) on the basis of paying a " royalty" or percentage on the output. This rent is calculated in different ways ; in the South Wales coal mines it is so much per ton of coal, while in the North it is based on the cubical content of the coal worked. A minimum or " dead " rent is also reserved, to secure the mine being thoroughly worked. If the royalties in any year exceed the " dead rent," as it is intended they shall, the latter is not paid ; if they fall below it, the minimum rent is paid.

10. Covenant for Renewal.- In leases for several years (seldom less than seven) there is frequently found a covenant by the landlord to renew the lease at the end of the term, on payment of a specified sum as a fine or premium. The tenant must apply for a renewal at the time named, or he will lose his right to it, though if he dies before the time his executors may renew. The landlord may refuse to renew if the tenant has not observed and performed all the covenants of his lease. Another common practice is for a landlord to grant a lease for, say, twenty-one years, and give the tenant an option to terminate it, by giving six months' notice, at the end of seven or fourteen years.

Option of Purchase.- Closely connected with the foregoing is the option of purchasing the reversion which the landlord sometimes gives the tenant by the lease. Six months' notice of the intention to exercise the option is usually stipulated for, the price being sometimes named in the lease, and sometimes left to future agreement. As the option is binding on the landlord but not on the tenant, the latter must not delay if he intends to exercise it.

Usual Covenants.- The question not unfrequently arises, What is the legal meaning of the phrase " usual covenants" in an -agreement to grant a lease "with the usual covenants"? The answer is that its meaning is limited in law to four covenants :

1. to pay rent,
2. to pay tenant's taxes,
3. to keep and deliver up the premises in repair, and
4. to allow the landlord to enter and view the premises ;

besides the landlord's covenant for quiet enjoyment. These are the covenants which a tenant would be liable to enter into, upon merely agreeing to take a lease, without any covenants being mentioned. But the question, What arc " usual covenants"? is also partly one of fact, as well as of law ; and evidence is admissible to show that a covenant is " usual " by the custom of the place where the premises are situated, or by the custom of a particular trade, when the premises are being let for the purposes of that trade.

Proviso for Re-entry.- A properly drawn lease always contains what is known as a "proviso for re-entry," that is, a stipulation giving the landlord a right to enter and re-take possession of the premises, and put an end to the lease, upon breach by the tenant of any covenant or condition contained therein. The effect of the proviso has been largely modified, however, by the Conveyancing Act, 1881, under which a tenant may be relieved against forfeiture for non-payment of rent, upon complying with certain conditions. These will be discussed later on, under the heading of " Forfeiture."

The proviso is often extended to the case of the tenant becoming bankrupt, or insolvent, or in the case of a company being wound up. The Conveyancing Act has been made applicable to such a case, by a recent amending Act (1892).

Inasmuch as re-entry puts an end to the term, the right of distress cannot, in default, at any rate, of an express condition to the contrary, be exercised after the landlord leas re-entered.

Tenancy under an Agreement for Lease.

We have seen that leases for more than three years, or for any period, where the rent is less than two-thirds of the improved annual value, must be made by deed, signed and sealed. But leases which do not come within the above need not even be in writing, and they are frequently made " by parol," that is, by verbal agreement between the parties, though, as we have stated before, this is not advisable. Where in such a case the rent is fixed by reference to the year (although perhaps payable quarterly), the presumption is, in the absence of evidence of a contrary intention, that a tenancy from year to year is created. The effect of this is that the tenant becomes such for the first year, at the end of which the tenancy is automatically renewed for the second year, and so on for the third, fourth, and succeeding years. To terminate the tenancy, six months' notice expiring with the year must be given by either side, and unless this be given during the first year, the tenant will be in possession for at least two years, even if notice is given at the earliest possible moment afterwards, viz., six months before the end of the second year. Even when the tenancy is not entirely constituted by verbal agreement, a tenant often enters into occupation of premises under an agreement for a lease. Now it is enacted by the Statute of Frauds that no action shall be brought on an agreement for a lease unless such lease is in writing, signed by the landlord or his agent, so that this absurd result followed, that whereas a lease for two years could be made verbally, an agreement to grant such a lease had to be in writing. But the Courts decided that where there was an agreement to grant a lease which the Court would enforce, anal a tenant entered and paid rent under it, they would enforce it by a decree for specific performance whether it was in writing or not, so long as it was sufficiently proved. The ground for this decision was that the case was "taken out" of the Statute by the act of part performance involved in the payment of rent, and its acceptance by the landlord. Once rent is paid, a tenancy is constituted, whether the agreement between the parties is valid or invalid. If the agreement does not provide for the granting of a lease for a term of years, then the tenancy will be one from year to year. Thus the requirement of the Statute has been practically allowed to become a dead letter, and a man who is tenant under an agreement is in as good a position as one who has actually got a lease, provided his agreement is enforceable in equity.

Specific Performance.- In order that an agreement may be specifically enforceable, two preliminary conditions are essential:

1. The contract must be complete.
2. Either the Statute of Frauds must be satisfied, or there must he some act of part performance.

1. This is not the place to fully discuss what is meant by the " completeness of a contract," but it may be said that the following must be made clear and certain
1. The parties.
2. Agreement to let.
3. Description of premises.
4. Date of commencement of term.
5. Duration of term.
6. Rent payable.

If any one of these essential points is left in doubt the contract is incomplete and cannot be enforced.

2. If the Statute of Frauds is not completely satisfied by writing signed by the landlord or his agent, there must be some unequivocal act of part performance. of the contract, some act which can only be explained by the existence of the contract. Such an act would be delivery of possession to a new tenant, or in the case of a tenant, " holding over " with a view to a new lease, continuance of possession accompanied by the expenditure of money on improving the property, or payment of an increased rent.

Defences to the Action.- An action of specific performance, however, may be successfully defended on any one of the following grounds :

If a tenant has entered and paid rent under an agreement which for some reason or other cannot be specifically enforced, then he will be deemed to be a tenant from year to year, unless of course the parties intended a shorter tenancy than one year.

County Courts have no jurisdiction to decree specific performance of an agreement where the value of the property is over �500. Consequently, if a tenant under an agreement for a lease of property worth more than �500, which could be enforced in the High Court, were to bring an action on it in the County Court, he would be treated as a tenant from year to year.

Tenancies for Less than a Year.-- A tenancy is a quarterly, monthly, or weekly tenancy, according as it is intended that a quarter's, month's, or week's notice to quit is to be given by either party. Such tenancies, like a tenancy from year to year, are periodic, that is to say, they continue and are renewed at the end of each period unless notice to quit is given in the meantime. Rent is paid as a rule, weekly, monthly, or quarterly, according as it is a weekly, monthly, or quarterly tenancy, unless there is an express agreement between the parties to the contrary, as, for example, to pay rent monthly in a quarterly tenancy. If the tenant has merely entered and paid rent, and nothing has been said about the length of notice, the only rule is that it must be reasonable. If the rent is paid quarterly, a quarter's notice would be reasonable, if monthly, a month's ; but it is doubtful whether a week's notice is reasonably sufficient to terminate a weekly tenancy, unless it can be shown that it is the custom of the district to consider it so.

Lodgers.- The legal position of a lodger differs from, and must not be confused with, on the one hand the inmate of a boarding-house, and on the other hand, a tenant of " flats" or "chambers." A lodger is a person who contracts with the tenant of a house for the exclusive possession of one or more inner rooms in the house, generally on a weekly or monthly tenancy, while the possession and control of the outer doors, staircase, and other parts of the house common to all the occupants remains in the hands of the tenant of the house who lets the lodgings, and as a rule lives in some part of the house, subject to an implied right on the part of the lodger to use them at his convenience. A boarder, on the other hand, simply contracts with the boarding-house keeper for board (which generally means meals at stated hours) and lodging. He has not the exclusive possession or use of any room in the house, and may be moved from one bedroom to another, upon reasonable notice.

Flats or Chambers.-By "flats" or chambers" is meant a set of two, three, or more rooms, generally on the same floor, complete in themselves, and forming one of several such sets in a large building. A set of chambers is regarded in law as a separate house in every respect, the tenant of which has an " easement" or privilege to use the entrance door, staircase, and lift (if there is one) which are common to the whole building. No one person has the dominium, or control over them, unlike lodgings. A tenant of chambers or flats is frequently also entitled to the services of a porter who has charge over the outer doors.

Occupation under an Implied Lease.- A tenancy may be created by the mere fact of entry and occupation without any express agreement. In such cases an agreement to pay rent for the premises will be implied. Prima facie the mere entry and occupation by a tenant only makes him a tenant at will, liable to be turned out at any time by the landlord, but the moment he pays rent, this gives way to the presumption that he is a tenant from year to year, or for some shorter period to which the rent paid may be referable, until the contrary be proved. Such is the case where a tenant " holds over," and continues in possession, paying rent after his term has expired, when he will become tenant from year to year upon such of the terms of his expired tenancy as arc applicable to a tenancy from year to year.

If a man enters and occupies premise belonging to another, or continues in the occupation of such premises after his term has expired, he can be sued for damages "for the use and occupation" of the premises, the action being founded upon an implied agreement to pay reasonable satisfaction. Three conditions must exist before this action can be brought, viz. :

1. an entry by the defendant,
2. for purposes of occupation,
3. by agreement with the plaintiff.

The measure of damages is the rent, if any, agreed on ; if none has been agreed, then a reasonable sum for rent. Of course, if a person enters and occupies premises without any agreement or consent on the part of the landlord, he is a mere trespasser, and may be summarily ejected, as well as sued for damages.

Tenancy by Assignment.

A tenancy is said to be created by assignment when, there being an existing lease, it is put an end to, and a new tenancy constituted by a change of landlord or tenant. It may take place either:

1. by the act of the parties, or
2. by the operation of law.

In the first case the assignment must be made by deed, signed and sealed. It may either be an assignment by the tenant of his interest in the premises to another tenant, or it may be an assignment by the landlord of his reversionary interest to another person who becomes the landlord. In the latter case questions may arise as to whether certain covenants in the lease are merely personal covenants between the original landlord and tenant, or whether as it is said they " run with the land," that is to say, whether they can be enforced against the tenant and his assignees by the assignee of the landlord, owner of the reversion for the time being. Such questions are frequently of great difficulty, and cannot properly be discussed within the limits of this work. It may be mentioned, however, that by the Conveyancing Act, 1881 (sections 10 and 11), in every lease made since 1881, the benefit of every covenant by the lessee having reference to the property let (which would include all usual covenants) is enforceable by the person from time to time entitled to the income of the whole or any part of the land leased, that is, by any assignee of the landlord's reversionary interest. And similarly, any covenant by the lessor having reference to the property let is enforceable by the person in whom the lessee's interest is from time to time vested, that is, by any assignee of the lease.

Assignment may take place (2) by operation of law in three different ways. These are :

1. Death of either landlord or tenant, whereby the landlord's interest becomes vested in his real or personal representatives, and the tenant's in his personal representatives.
2. By writ of execution (fieri facias or elegit), whereby the sheriff takes possession of the tenant's interest in the premises, in pursuance of an order of the Court.
3. By bankruptcy, upon which the whole of the bankrupt's property to which he is beneficially entitled vests in his trustee in bankruptcy. But if a bankrupt has leasehold property which, on account of the necessity of paying the rent and performing the covenants, is likely to prove more of a burden than a benefit to his estate, his trustee in bankruptcy is at liberty, if certain conditions are complied with, to disclaim such onerous lease or leases, whereupon all the bankrupt's liabilities under them are put an end to. In such a case the tenancy is terminated by an implied surrender.

Tenancies may also be created in other ways, viz., by attornment, estoppel, &c., but attornment only need be considered here. Attornment originally meant the agreement of one person to become the tenant of another landlord, and is of feudal origin, but the more modern use of the word is mostly confined to the Attornment Clause occasionally inserted in a mortgage deed, whereby the mortgagor attorns or agrees to become tenant to the mortgagee. The object of this clause is to give the mortgagee a power of distress as an additional security for the payment of the mortgage debt and interest. Since, however, it has been decided that such a clause comes within the Bills of Sale Acts, the practice of inserting one has gradually been dropped.

Distress.

The subject of distress is so wide, and the difficulties connected with it so great that only an outline of the law can be given here.

Distress is the right of the landlord to seize goods upon the premises he has let to the tenant, when the rent is due and in arrear, and to sell them and pay himself the arrears out of the proceeds. It is one of the few instances still left in English law where a man may obtain redress without going to the court, and by taking the law into his own hands. The right of distress is an ancient one, and inseparable from the reservation of rent. It has been made the subject of a good deal of legislation, the last Act being in 1895. There must be a tenancy of some kind, whether under a lease or otherwise, at a specified rent, payable at specified times, before a distress can be made.

Who is entitled to Distrain.- Generally speaking, any person entitled to a reversion and to the receipt of rent may distrain, including the executors or administrators of a landlord for rent accrued due before or after his death, married women since 1883, and the mortgagee of property under a lease granted by the mortgagor, provided that the tenant has had notice of the mortgage.

Upon what Goods Distress may be made. All goods found on the premises can be distrained upon, whether they are the property of the tenant or not, except certain classes of goods which are privileged by law. The most important of these are :

1. fixtures;
2. goods delivered to the tenant to be worked upon in the course of his trade ;
3. perishables;
4. articles in actual use;
5. wild animals;
6. goods already taken in execution ;
7. loose cash.

And by Act of Parliament the following are privileged from distress.-

1. wearing apparel, clothing, and tools not exceeding �5 in value ;
2. certain kinds of machinery, e.g., looms and spinning frames, unless the rent be due from the owner ;
3. gas, water, and electric meters and fittings;
4. farm crops which have been taken in execution and have been agreed to be sold by the sheriff to a person who will consume them on the land, also stock and implements on farms where this has taken place ;
5. railway rolling-stock in works, e.g., a mine siding, and not the property of the tenant of the works from whom rent is due;
6. goods belonging to lodgers ;
7. goods belonging to ambassadors and their servants.

To obtain the benefit of his privilege from distress a lodger must serve a written notice on the landlord or his agent, the bailiff, to the effect that the goods taken or threatened to be taken in distress are his own, and that the tenant, his immediate landlord, has no interest in them. he must also state in the notice whether any and what rent is due, and for what period, from him to the tenant, and a correct inventory or list of the furniture referred to must be added. No special form of notice is necessary, and no time is limited in which it must be delivered. Any lodger making an untrue declaration of the kind is guilty of a misdemeanour. If no rent is due, the lodger need not say so, but he may pay any rent which is due from him to the landlord, if sufficient to satisfy the latter's claim.

If, in spite of having given a proper notice, the distress on the lodger's goods is proceeded with, this is an illegal distress, and the lodger may apply to two magistrates (or one stipendiary magistrate) for an order restoring his property to him.

It should be noted that a lodger means a person who sleeps in the house It is not enough to use the premises for business purposes only.

Place of Distress.- The distress must he levied upon the premises in respect of which the rent distrained for is due and in arrear, unless, as is often the case in mining leases, there is an express agreement in the lease to the effect that the landlord may distrain for his rent on other property. But if a tenant, anticipating a distress, fraudulently removes his goods after the rent day, the landlord may follow and seize them within thirty days, wherever they may be, provided they have not been previously sold bonâ fide to a person ignorant of the fraud.

Time of Distress.- Distress can only be levied when the rent is in arrear, and this is not until the day after it is due. The landlord has six months after the termination of the term in which to levy a distress for arrears of rent due during the term, but he cannot distrain for rent alleged to have accrued due after he hay re-entered or commenced an action for ejectment ; nor can he distrain after he has assigned his reversionary interest. As to time of day, distress can only be levied on a weekday, and in the daytime, i.e., between sunrise and sunset.

Arrears Recoverable.- Six years' arrears of rent can be recovered by distress, except in tenancies under the Agricultural Holdings Act, 1883, where the landlord can only recover one year's arrears. There are further special restrictions on the exercise of the right as against bankrupts and companies in liquidation for rent owed by them.

How Distress is made.- Unless made by the landlord in person, which is an unusual course, a distress can only be made by a duly certificated bailiff appointed by him. The premises must not be broken into, but can only be entered in a lawful manner, that is, by a usual mode of entry. An inner door may be broken in, however, if the outer door is open. The person distraining may draw bolts, lift latches, and turn keys, or enter through an open window in order to get in, or may even get over a low wall or fence. But he must not open a closed window or skylight from the outside. If, however, having once lawfully entered, the distrainor either goes out for a short interval, and on his return is refused admission, or else is summarily ejected, then he may use force to get into the house again.

Seizure and Sale.- Having effected a lawful entry, some of the goods may be seized, but not more than are reasonably necessary to satisfy the claim. If, however, the only article really worth seizing exceeds the claim in value, for example, a pianoforte, it may be seized. Notice of the distress, with an inventory of the property seized, must be served on the tenant, and the goods must then be impounded. The usual practice at the present day is to leave the goods on the premises in charge of a man in possession. After five clear days (which may be extended to fifteen upon the written request of the tenant or owner of the. goads) they may be sold either on or off the off the premises. and either privately or by public auction The surplus, if any, after payment of the rent owing, and costs, should be left in the hands of the under-sheriff or constable, to be handed to the owner. If the rent is paid at any time before distress, the landlord's right to distrain is gone, but after distress the sale of the goods seized can only be prevented by payment of rent and costs. Only one distress can be levied on the same goods for the same rent.

Costs of Distress.- These are regulated by the Distress for Rent Rules, 1888, which the bailiff is bound to produce to the tenant, if so requested. Different scales are provided, according as the rent due is under or over �20. The present scales of costs are as follows :

The penalty for an excessive charge is treble the amount wrongfully taken, and is recoverable summarily before a magistrate with full costs.

Wrongful distress is of three different kinds, viz. :

1. Illegal distress, where there is no right of distress at all, or where some irregularity is committed in any part of the proceedings up to the time of and including seizure, such, for example, as seizing privileged goods, or entering in an unlawful manner.

The remedy is to bring an action for damages for illegal distress, which may be done in the county court if under �50 is claimed. The measure of damages will be the value of the goods, or, if no rent at all was in arrear, double their value, unless the distress has in the meantime been withdrawn, when only the actual damages sustained will be recoverable. The tenant may also apply for an injunction, but he must pay the money claimed for rent into court. The action should be brought against the bailiff, unless no right to distrain existed at all, when the landlord or person distraining should be sued.

2. Irregular distress is where some irregularity has taken place in the proceedings after seizure, for example, not giving notice of the distress, or selling; before the proper time.

The remedy in such a case is an action for " improperly distraining," but the tenant will not succeed unless he has actually suffered damage If he has, he may recover the value of the goods, less the rent and expenses.

3. Excessive distress is when, the distress being otherwise lawful, more goods are seized than are reasonably necessary to satisfy the rent due with costs.

The remedy here is to bring an action for damages for excessive distress against either the bailiff or the distrainer. The damages recoverable are the value of the goods, less the rent and expenses.

Summary Jurisdiction.- In cases of wrongful distress upon agricultural holdings within the Act of 1883, the County Court and Courts of summary jurisdiction, i.e., the magistrates, have power to order goods wrongfully seized in distress to be returned to their owner. Magistrates have similar powers in cases of wrongful distress upon weekly or monthly tenants, or where the rent does not exceed �15 a year, and under the recent Act, by which tools, wearing apparel, and bedding to the value of �5 are privileged from distress, a Court of summary jurisdiction has power to order such property, if distrained upon, to be at once restored to the owner, or their value to be paid to him, if already sold.

The Termination of the Tenancy.

A tenancy may be terminated in any one of three ways :

1. By lapse of time, where a lease is made for a fixed period which comes to an end. This cannot occur with tenancies from year to year.
2. By act of the parties, e.g., notice to quit by either, disclaimer, surrender, &c.
3. By operation of law.

The first case needs no further discussion, but the second is of great importance, acid may be classified as under :

2. Termination of the Tenancy by the Act of the Parties.

1. Notice to Quit.- This is necessary only in the case of periodic tenancies, from year to year, or for shorter periods which have no definite limit set to them. It may be given either by the landlord or the tenant. There is no hard-and-fast rule as to the length of notice, but in the absence of any stipulation in the agreement between the parties, or in the absence of local custom, the rule is that reasonable notice must be given by both parties. In the case of a tenancy from year to year, six months' notice, to expire with the year, is held to be reasonable, and probably in the case of a monthly tenancy one month's notice would be considered sufficient. A full year's notice must be given in a yearly tenancy of agricultural land.

Unless the parties have agreed to the contrary, the notice must expire upon the last day of some period in the tenancy, such as a quarter-day. Notice should be given by one party, or his solicitor, or authorised agent to the other party, or his solicitor or agent, and should be plain and unequivocal in its language. It can be, and usually is, sent by post.

Notice to quit not only puts an end to the original tenancy, but also to any underlease which the tenant may have

Made. It cannot be revoked, and if the parties are said to "waive" it, this does not mean that it does not take effect, but they agree for a new tenancy to commence immediately after the expiration of the old one, and upon similar terms.

Other methods of putting an end to the tenancy by act of the parties are: (b) surrender, (c) merger, (d) forfeiture, (e) disclaimer.

2. Surrender may be either express or by operation of law. It is the yielding up of the lease by the tenant to the landlord, upon the latter consenting to accept it, whereupon the lesser interest - i.e., the tenant's - becomes extinguished in the greater. It can only occur in the case of a lease. An express surrender must be made by deed.

A surrender by operation of law takes place in two cases.-

1. When the tenant accepts a new lease or other interest in the premises. This will be an implied surrender of the existing lease.
2. Where the possession of the premises is given up by the tenant to the landlord and accepted by him.

It is sometimes very difficult to say whether the landlord has accepted the possession or not, unless a fresh tenant enters with his consent and that of the former tenant.

A surrender does not put an end to the liabilities of the tenant for previous breaches of covenant, nor to the rights of third parties, such as mortagees, who have acquired interests under the lease before surrender, nor does it affect the position of an under-lessee.

3. Merger, which also puts an end to the lease, is the converse of surrender. It occurs when the tenant acquires the interest of his immediate landlord. The lesser interest is said to merge in the greater. But merger does not always take place in such a case, as sometimes the intention is to keep the lease alive, and prevent it merging, with the object, for example, of preserving restrictive covenants in a lease, entered into for the mutual benefit of adjoining owners.
4. Forfeiture puts an end to the lease, if enforced, and occurs generally upon breach of a condition by the tenant, or upon re-entry for breach of covenant, such as non-payment of rent. Supposing, however, a sufficient cause for forfeiture takes place, with the landlord's knowledge, and he takes no notice of it, but goes on receiving the rent, or does any other act which may be construed as a recognition that the tenancy still subsists, then he is said to " waive " the forfeiture, and cannot take advantage of it. But he does not thereby waive a forfeiture brought about by a subsequent or continuing breach of covenant or condition, such as a covenant to repair. In the latter case, to enable him to treat the default as a ground for re-entry, the landlord must have given the tenant notice to repair.

Practically the whole law on the subject of forfeiture, other than for non-payment of rent, is now contained in Section 14 of the Conveyancing Act, 1881, and Sections 2 to 5 of the Conveyancing Act, 1892. The right of re-entry or forfeiture is not enforceable until the landlord has served on the tenant a notice specifying the particular breaches of covenant complained of, requiring him, if possible, to remedy them, and pay compensation, and the tenant fails to do so within a reasonable time after the notice has been given.

If, however, the landlord proceeds by action or otherwise to enforce the forfeiture, the tenant may apply to the Court for relief, and the Court may grant or refuse relief, having regard to all the circumstances, and as it thinks fit, and may also, if it grants relief, grant it upon such terms as to costs, damages, compensation, or otherwise as it thinks fit.

The section does not apply to a covenant or condition against assigning, underletting, or parting with the possession of the premises leased, but it does now apply to a proviso for forfeiture on the lessee's bankruptcy. It applies to all leases, whether made before or after 1882, including underleases and agreements for leases, where the lessee has become entitled to have his lease granted.

Forfeiture by re-entry for non payment of rent is left untouched by the Conveyancing Acts, and is regulated by the Common Law Procedure Act, 1852. The landlord must either make a formal demand for the rent, before re-entry, or commence an action of ejectment against the tenant, which is the usual practice. At least half a year's rent must be in arrear, and no sufficient distress to satisfy all arrears be found on the premises. There must also be a right of re-entry for non-payment of rent reserved in the lease. The tenant may apply to the Court at any time within six months after re-entry, or after judgment and execution in an ejectment action, to be relieved against the forfeiture. The decision will depend on all the circumstances of the case. If the tenant pays the arrears of rent and costs into court, proceedings against him will be discontinued.

5. Disclaimer.- A tenant puts an end to the lease by a disclaimer if he denies the relation of landlord and tenant in any way, or by setting up a title contrary to the landlord's in himself or in some other person. A tenant would disclaim if he claimed to live on the premises rent free, or paid rent to a third party.

3. Under the Statute of Limitations.- If a tenant remains in possession of the premises for twelve years after the expiration of his lease, or in the case of a tenancy from year to year for twelve years from the last payment of rent, without paying any rent or giving any acknowledgment of his tenancy to a person entitled to receive the rent, then he acquires a good title to the premises under the Statute of Limitations, and cannot be dispossessed. The tenancy is in such case said to be terminated by operation of law

Rights and Remedies of the Parties upon the Determination of a Tenancy.

The principal questions likely to arise between landlord and tenant at the end of a tenancy are in connection with Repairs and Fixtures. The question what repairs, or as they are generally called, " dilapidations," the tenant is liable to pay for, is one of fact in each case, depending upon the terms of the lease or agreement ; and the liability of the tenant to do repairs has already been discussed under the Covenant to Repair, so that it is not intended to say anything further about the subject here, beyond this, that if a tenant adheres to his covenant to " keep the premises in repair," he will not find much difficulty or be put to much expense in " leaving the premises in repair," which is the part of the covenant as a rule most strictly enforced. It is over the question of Fixtures, however, that trouble most frequently arises.

Fixtures.- The expression "fixtures " means all things affixed or attached to the premises, so as to become part of the freehold, i.e., of the soil or building let to the tenant.

Fixtures are of two classes :

1. Tenant's fixtures, which are those articles fixed to the premises during the term by the tenant
1. for purposes of ornament and convenience, or
2. for purposes of trade or agriculture, and which are removable at the end of the term. All other fixtures, whether fixed by the landlord or the tenant, are called
2. Landlord's fixtures, and may not be removed at all.

The following things have been decided to be tenant's fixtures

1. Tapestry - and hangings, cornices, pier-glasses, marble or other ornamental chimney-pieces, window-blinds, wainscot screwed to the walls, grates, ranges, and stoves, even though fixed in brickwork, beds fastened to walls, fixed tables, furnaces, coppers, pumps, fixed water-tubs, coffee and malt mills, bookcases screwed into walls, clock cases.

All these come under the heading of " ornament or convenience."

2. Steam-engines, boilers, coppers, saltpans, pipes, machinery of various kinds, in fact, everything erected by a tenant for the purposes of his trade except what is of a permanent character, such as a shed erected on a brick and mortar foundation.

The following are landlord's fixtures, and cannot be removed by the tenant, even if he erects them :

A conservatory or greenhouse, whether attached to the house or standing in the garden, erected on a brick foundation. A boiler and pipes built into the same, also a verandah, and gaseliers fixed to pipes.

Articles, however, which merely adhere to the soil by their own weight, as a stoic vase, or a wooden summer-house, or bicycle shed, or are lightly screwed into walls, and can be removed without damaging them, such as lamp-brackets, hanging cupboards, cosy corners, &c., arc not really fixtures at all, and can be removed by the tenant when he wishes.

The general rule, to which " tenant's fixtures " are an exception, is that fixture are not removable. It will be noticed that they form a very considerable exception. One tenant may sometimes remove things which another could not. For instance, an ordinary householder cannot remove fruit-trees, rose-trees, or shrubs which he has planted in his garden ; but a nursery gardener may do so, on the ground that they form part of his stock-in-trade. So, too, the latter may remove greenhouses and hothouses which he has erected. Agricultural tenants have special statutory rights under the Agricultural Holdings Act, 1883.

There is nothing, however, to prevent a landlord and tenant making a special bargain in the lease as to the tenant's right of removing fixtures at the end of the term, and any such agreement will supersede the ordinary law, so far as it is inconsistent with it. The tenant's rights sometimes depend on local custom. Whatever fixtures a tenant may remove at the end of his term, he ought to remove without delay, in fact, strictly speaking, before the term expires. Should the landlord refuse to allow the tenant to remove his tenant's fixtures, the latter should obtain an injunction to prevent interference.

Emblements and Tenants' Right.- These only concern agricultural tenancies.

Emblements.- This means the right of a tenant, the duration of whose tenancy is uncertain, to reap growing crops annually produced by his labour (and called " emblements ") after his tenancy has been put an end to by some act or event over which he has no control, e.g., the death of a tenant for life. The right is now of little importance, as the tenant has a statutory right to remain in possession till the expiration of the current year under similar circumstances, instead of claiming emblements.

Tenant-Right.-This refers to the general right of an agricultural tenant to "awaygoing crops," and to be paid compensation for ploughing, manuring, and other improvements, upon his tenancy terminating before he can reap the benefit of them. These rights, which depend partly on agreement and partly on local custom, and have also been largely modified and added to by Act of Parliament, are of too complicated a nature to be considered in detail here. The principal Act regulating compensation for improvements is the Agricultural Holdings Act, 1883.

Rights and Remedies of the Landlord.- At the end of the tenancy the tenant is bound to give up possession of the premises to the landlord, including any portion which he has underlet, or he may have to pay damages in an action. A tenant who remains in possession after his tenancy or lease has come to an end is said to " hold over," and if permitted to remain become a " tenant at will " ; but if the landlord accepts rent from him, just as if his tenancy had not come to an end, the law will imply that he is a tenant from year to year. If the tenant still " holds over," although requested in writing to give up possession, the landlord may sue him and recover double the rent for the period for which he has " held over" ; or if the tenancy is one from year to year, or for longer, he may recover double the annual value of the premises. If the tenant is not likely to be able to pay the rent or damages, the landlord should commence an action of ejectment against him for the recovery of his property ; and if the case be undefended, he will get summary judgment with very little trouble.

Action for the Recovery of Land.- The action of " ejectment," as it was formerly called, now more properly known as an action " for the recovery of land, " must be brought in the High Court, where both the rent and the annual value of the premises exceed �50 a year. When the action is brought by a landlord against a tenant whose term has expired, or been put an end to by notice to quit, the writ, whether or not rent is claimed, may be "specially indorsed." This means that where the landlord claims possession, with or without a definite sum in respect of rent due, he may obtain summary judgment, if there is no real defence, almost as easily as if the case was undefended altogether. The tenant, once he has paid rent to his landlord, cannot dispute his title by way of defence. Under the Common Law Procedure Act, 1852, special provision is made for cases where a half-year's rent is in arrear and the landlord is entitled to re-enter for its non-payment. See " Forfeiture for Nonpayment of Rent" (ante, p. 69).

Jurisdiction of the County Courts.- The County Courts have a general jurisdiction in all personal actions where the debt, demand, or damage claimed does not exceed �50, and they have a special jurisdiction to try actions of ejectment where neither the rent of, the premises nor their value exceeds �50 per annum, and the premises are situated within the district of the Court where the action is brought. This latter jurisdiction arises under the Act of 1888, and applies to all cases where the title to land is in dispute. The County Courts, however, have an older jurisdiction, dating from 1856, to try actions by a landlord against a tenant for the " recovery of possession " of premises where neither rent nor value exceeds �50 per annum, and no fine or premium has been paid by the tenant. The action may be brought

1. when the tenant continues to " hold over " after his term has expired, or he has received notice to quit, and refuses to deliver up possession, or
2. when half a year's rent is in arrear and the landlord has a right to re-enter for its non-payment. In the latter case the landlord must show that there was not sufficient distress to meet the arrears to be found on the premises. If the case is a clear one, and there is no real defence to the action, summary judgment will be given for the recovery of possession ; and if the tenant does not obey it, will be enforced by a warrant authorising the bailiff of the Court to enter and evict him. Where the action for recovery of possession has been brought, the ordinary ejectment action cannot be brought as well. A judgment in the latter action is also enforced by warrant of possession. Where arrears of rent as well as possession are claimed it is better to bring an action of ejectment. The County Courts have jurisdiction to try actions to specifically enforce an agreement for a lease where the capital (not the annual) value of the property does not exceed �500.

Summary Jurisdiction.- Where the value of the premises does not exceed �20 per annum without fine, and the term is not more than seven years, the magistrates in petty sessions (including a stipendiary) have jurisdiction to make an order for the recovery of possession of premises by the landlord in cases of " holding over." The landlord must give seven clays' notice of his intention to take proceedings, and if the tenant still refuses to give up possession the landlord can get a warrant from the magistrates, empowering the constable to evict the tenant not less than twenty-one nor more than thirty days from its date of issue. The magistrates have also a special jurisdiction to make an order enabling a landlord to retake possession of deserted premises.

Stamps.- The stamp duty payable on leases and agreements is regulated by the Stamp Act 1891 as follows :

1. For any definite term less than a year:-

	�	s.	d.
(a) Of any dwelling-house or tenement or part of a dwelling-house or tenement, at a rent not exceeding the rate of �10 per annum	0	0	1
(b) Of any furnished dwelling-house or apartments where the rent for such term exceeds �25	0	2	6
(c) Of any lands, tenements, or heritable subjects, except or otherwise than as aforesaid.	The same duty as a lease for a year at the rent reserved for the definite term

2. For any other definite term, or for any indefinite term :-

                Of any lands, tenements, or heritable subjects:-

                Where the consideration, or any part of the consideration, moving either to the lessor, or to any other person, consists of any money, stock, or security:

                Where the consideration or any part of the consideration, is any rent:

                In respect of such consideration:

                If the rent, whether reserved as a yearly rent or otherwise, is at a rate or average rate

Agreements for leases are charged as if they were leases, and a lease subsequently made in conformity with such an agreement is charged with 6d. only.

The duties of 1d. in respect of a lease of a house at a rent not exceeding �10 per annum, and of 2s. 6d. in respect of a lease of a furnished house or apartments at a rent exceeding �25 may be denoted by adhesive stamps, which must be affixed to the document before it is executed and cancelled by the person preparing or executing such document. A person executing any such lease or agreement before it is stamped incurs a fine of �5.

Costs.-The scale of charges for the remuneration of solicitors in conveyancing and other non-contentious business is fixed by the Solicitors Remuneration Act 1881. The scale for leases or agreements for leases is in the second part of the first Schedule to the Act.

SCHEDULE I., PART 2.

(First Scale.)

Scale of charges as to Leases, or Agreements for Leases at Rack Rent (other than a Mining Lease, or a Lease for Building purposes, or Agreement for the same).

Lessor's solicitor for preparing, settling, and completing lease and counterpart.

Although the tenant invariably pays the solicitor's costs of preparing the lease, which is done by the landlord's solicitor, still, if the landlord requires a "counterpart," that is to say, a duplicate copy of the lease executed by the tenant, the latter is not obliged to pay the extra expense of preparing it.

Short Form of Agreement for Tenancy of a House in a Town from Year to Year.

An Agreement made this _________ day of _______________, between A of &c., hereinafter called the landlord, of the one part, and B of &c., hereinafter called the tenant of the other part, whereby the landlord agrees to let, and the tenant agrees to take, the house situate and being No. ___ in _____ street, in the city � of ________________ with the garden and appurtenances occupied therewith, for one year from the day of _________ next, and so on from year to year, at the yearly rent of � ______ , payable by equal quarterly payments on the usual quarter-days, either party to be at liberty to terminate the tenancy at the end of the first or any subsequent year, on giving the other three calendar months' notice to quit, expiring on any of the said quarter-days. And the tenant hereby agrees with the landlord as follows : To pay the said rent on the days and in manner aforesaid ; to pay all rates, taxes, and outgoings, present or future, in respect of the said premises, except landlord's property tax ; to keep the said premises (including the fixtures) in good and tenantable repair and condition (reasonable wear and tear and damage by fire or other accident only excepted), and in such repair and condition to deliver up the same, with all fittings and fixtures, at the expiration of the tenancy ; to keep the said premises insured against loss or damage by fire, and to produce the policy and the current year's receipts for the premium to the landlord when required ; to permit the landlord and his agents to enter twice or oftener in every year to view the condition of the said premises. Provided that the landlord shall have a right to re-enter and put an end to the tenancy on non-payment of the rent for twenty-one days, or breach of any of the tenant's agreements. And the landlord hereby agrees with the tenant that he, duly paying the rent and performing the agreements by him herein contained, may peaceably hold the said premises during the tenancy without any disturbance by the landlord, or any person claiming under him. As witness the hands of the said parties.

Short Form of Agreement for letting a Furnished House.

An Agreement made the _______ day of ___________ between A of &c. (hereinafter called the landlord), of the one part, and B of &c. (hereinafter called the tenant) of

LETTING A FURNISHED HOUSE

the other part. The landlord agrees to let, and the tenant agrees to take, the dwelling-house and premises, being No. ______ in ________ street, in the parish of ______________ in the county of _______, furnished as stated in the inventory contained in the schedule hereto, for a term of ________ calendar months, commencing on the ___________ day of ______, and ending on the _______ day of ______, at the monthly rent of �_______, the first payment to be made on the _____ day of _______. The tenant hereby agrees with the landlord to pay the said rent in manner aforesaid ; to replace and make good all breakages, deficiencies, and damage to the furniture, fixtures, fittings, and effects in the said house and premises which may occur

during the tenancy (reasonable wear and tear, and damage by accidental fire alone excepted) ; to deliver up to the landlord, at the expiration of the said tenancy, possession of the said premises with the whole of the said furniture and effects according to the said inventory, and in the same rooms in which the same now are, in as sound, perfect, and clean condition as at the commencement of the said tenancy (except as aforesaid) ; and not to assign, underlet, or part with his interest under the agreement without the written consent of the landlord.

And the landlord hereby agrees with the tenant to pay the superior rent, and all rates and taxes, insurance, and other outgoings, except the gas rate, which is to be paid by the tenant. And the landlord shall be at liberty, in case non-payment of rent, or breach of this agreement by the tenant, to re-enter and take possession of the premises, without prejudice to his right to recover all rent then in arrear, and any damages for breach of this agreement. As witness the hands of the said parties.

[Signatures.]

[SCHEDULE OF FURNITURE]

� For London, outside the City say " County of London." 

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