CHAPTER XXIV. SUMMARY PROCEEDINGS BEFORE JUSTICES. 1. Landlord against Tenant, p. 281. 2. Deserted Premises, p. 283. UNDER various statutes justices have in certain cases Jurisdiction jurisdiction in proceedings to recover possession of land, by statute. particularly in cases between landlords and tenants. These statutes and the jurisdiction conferred by them, will be dealt with separately in this chapter. 1. Landlord and Tenant. tion or determination of tenancy. 1 & 2 Vict. c. 74. By 1 & 2 Vict. c. 74, when the term or interest of any Upon expiratenant at will or for a term not exceeding seven years at a rent not exceeding £20 a year, or at no rent, and upon which no fine or premium has been paid or reserved, shall have ended or been duly determined by notice to quit (a) or otherwise (b), and such tenant or the person in actual occupation neglects or refuses to quit and deliver up possession of the premises or any part thereof, the landlord can proceed before justices of the district division or place within which the premises or any part thereof are situate in petty sessions (c). The procedure is as follows: The landlord or his agent Procedure. serves the person, who SO refuses or neglects, with a written notice in the form provided by the schedule to the Act (d), (a) See Chap. VI. (b) Cole, Eject. 669. (c) S. 1, App. B, p. 332. (d) App. A, p. 288. Hearing. Definitions. Agent. signed by the landlord or his agent, of his intention to proceed to recover possession. The notice must be served either personally or by leaving it with a person being in and apparently residing at the residence of the person so holding over, and it must be read over and explained by the person serving it to the person served. If the person holding over cannot be found and his residence is either unknown or admission thereto cannot be obtained the notice may be served by posting it upon some conspicuous part of the premises (e). The notice must state the place at which the application will be made (ƒ), and, probably, that the applicant is "owner" or "agent to owner" (ƒ). If the tenant or occupier do not appear and show cause why possession should not be given up, and still refuses and neglects to give up possession, the justices may, upon proof of the facts founding their jurisdiction and of the service of the notice, issue a warrant to the constables of the district (g) to deliver possession within a period therein named not less than twenty-one, nor more than thirty, clear days from the date of the warrant (h). The landlord must prove his title to the reversion if it has accrued since the letting (i). The tenant cannot dispute his landlord's title (k). A "person" is defined to be a body politic, corporate, or collegiate, as well as an individual; a "landlord" to be the person entitled to the immediate reversion in the lands, and, if the property is held in joint tenancy, coparcenary, or tenancy in common, any one of the persons entitled to such reversion; an "agent" to be any person (e) S. 2, App. B, p. 333. (f) Delaney v. Fox, 26 L. J. C. P. 5. (g) Jones v. Chapman, 14 M. & W. 124. (h) S. 1; Jones v. Foley, [1891] 1 Q. B. 730. (i) S. 1. (k) Rees v. Davies, 4 C. B. N. S. 56; see p. 26. usually employed by the landlord in the letting of the premises, or in the collection of the rents thereof, or specially authorised to act in the particular matter by writing under the hand of such landlord (1). Justices have no power to grant costs in these proceed- Costs. ings, as 11 & 12 Vict. c. 43 does not apply (m). A person who applies for and obtains a warrant is not Wrongfully obtaining protected against an action by the tenant or occupier if warrant. he had not then a right to possession (n). It is a trespass to obtain such a warrant without having a right to possession, although no entry is made under the warrant (v). The tenant or occupier may bind himself to sue forthwith for such trespass, and thereupon execution of the warrant is stayed until judgment in the action (o). If the plaintiff succeeds, the warrant is superseded (o). Justices and con Protection to justices and stables are protected even if the applicant had not a right constables. to possession (p). The landlord, if he has a right to possession, is not a trespasser by reason of any irregularity, but is only liable to an action on the case for special damage (q). 2. Deserted Premises. By 11 Geo. 2, c. 19 (r), amended by 57 Geo. 3, c. 52, if a tenant who holds premises at a rack rent, or at a rent which is full three-fourths of the yearly value, under any demise or agreement whether verbal or written (s), whether a right of re-entry for non-payment of rent is reserved or not (s), is in arrear for one half year's rent (s) and deserts (t) (1) S. 7, App. B, p. 335. (m) Stone's Practice, 598, note (9th ed.); Oke's Mag. Syn. 1445 (13th ed.). (n) S. 1, App. B, p. 332. (0) Ss. 3, 4, App. B, pp. 333— 334. (p) S. 5, App. B, p. 334. (q) S. 6, App. B, p. 335; De- (t) Basten v. Carew, 3 B. & C. Procedure. Appeal. the premises, and leaves them uncultivated or unoccupied so that no sufficient distress (u) can be had to countervail the arrears of rent, the landlord may proceed to recover possession under the Act. The procedure is as follows (v): At the request of the landlord or his bailiff or receiver, two or more justices of the district shall go and view the premises and affix on the most notorious part thereof a written notice stating the day (at a distance of fourteen clear (y) days at least) upon which they will return to take a second view thereof. If upon such second view the tenant or someone on his behalf does not appear and pay the rent or there is not sufficient distress upon the premises, the justices may put the landlord into possession, and the lease, as to any demise therein only, becomes void. Neither the information to the justices nor any inquiry by them need be upon oath, as they decide on their view whether the premises are deserted and there is no sufficient distress (2). If the justices from doubt as to their jurisdiction refuse to give possession, a mandamus will not be granted to compel them to do so (a). The proceedings of the justices are examinable in a summary way by the next justice or justices of Assize, or, if the premises are in London or Middlesex, by the Queen's Bench Division, who may order restitution to the tenant with his costs and expenses. If they affirm the act of the justices they may award costs to the landlord not exceeding £5 (b). An order for restitution is made by justices of Assize in their individual capacity, and perhaps should be signed by them (c). Such an order (u) See pp. 232-233. (v) S. 16, App. B, p. 295. (y) Creak v. Brighton, 1 F. & F. 110. (z) Basten v. Carew, 3 B. & C. 649. (a) Ex parte Fulder, 8 Dowl. 535. (b) S. 17, App. B, p. 296. should be directed to some person, or else there is no way of enforcing it (d). tenant. The justices should draw up a record of their proceed- Action by ings, and such record is an answer to any action against them, or anyone aiding them, or the landlord who receives possession (e). The landlord may, however, be liable to an action if he maliciously or upon false information moves the justices (e). London. If the premises are within the Metropolitan Police Dis- Premises in trict, a police magistrate may on request of the landlord, his bailiff, or receiver, made in open Court, and upon proof of the arrears of rent and desertion, send a constable to view the premises and affix the notice. Upon the return of the warrant to the constable, and proof of its due execution, and that the rent has not been paid and that there is no sufficient distress, the magistrate may authorise a constable to put the landlord into possession (ƒ). The lord mayor or an alderman in London, and all stipendiary magistrates have the same powers as two justices, but they cannot send a constable to view (g). 3. Sundry other Cases. The procedure provided by 1 & 2 Vict. c. 74 is extended by subsequent statutes to the following cases:— of lord mayor, &c., and stipen diaries. The recovery of school premises from masters of School grammar schools, and from other schoolmasters (h). premises. The recovery of possession of allotment gardens for the Allotment gardens. poor under the Inclosure Act, 1845 (i). (d) R. v. Traill, 11 Ad. & E. 761. (e) Ashcroft v. Bourne, 3 B. & Ad. 684; Basten v. Carew, 3 B. & C. 649. (f) 3 & 4 Vict. c. 84, s. 13. App. B, p. 338. (g) 11 & 12 Vict. c. 43, ss. 33, 34; Edwards v. Hodges, 15 C. B. 477. (h) 3 & 4 Vict. c. 77, s. 19; 4 & 5 Vict. c. 38, s. 18. (i) 8 & 9 Vict. c. 118, s. 111. |