will not be excluded from the benefit of the Act, because it comprises among other things a house and garden for the use of the tenant, as long as the object of the letting is either agricultural or pastoral, or both. There is nothing said as to the size of the holding. §§ 54, 55, 56. of agreement in consistent with Act. 55. Any contract, agreement, or covenant made by a Avoidance tenant, by virtue of which he is deprived of his right to claim compensation under this Act in respect of any improvement mentioned in the First Schedule hereto (except an agreement providing such compensation as is by this Act permitted to be substituted for compensation under this Act 1), shall, so far as it deprives him of such right, be void both at law and in equity.2 substituted (1) By sect. 3, the landlord may agree to pay compensation Agreefor an improvement mentioned in the first part of the 1st ments proSchedule; by sect. 4, he may agree on compensation for an viding improvement mentioned in the second part of the 1st Schedule; compensaby sect. 5, he may by a particular agreement agree to pay fair tion. and reasonable compensation for an improvement mentioned in the third part of the 1st Schedule. (2) It is to be noticed that this section only avoids agreements depriving the tenant of his right to compensation in respect of improvements. It is still open to the landlord and tenant by agreement to exclude the operation of the Act in other respects. The adoption of the Agricultural Holdings Act, 1875, was entirely optional except in the case of Crown, Duchy of Lancaster, and Duchy of Cornwall lands. See Form 18. How far the Act may be excluded. tenant in respect of improvechased from outgoing tenant. ment pur 56. Where an incoming tenant has, with the consent Right of in writing of his landlord,' paid to an outgoing tenant any compensation payable under or in pursuance of this Act in respect of the whole or part of any improvement, such incoming tenant shall be entitled on quitting the holding to claim compensation in respect of such improvement or part in like manner, if at all, as the outgoing tenant would have been entitled if he had remained tenant of the holding, and quitted the holding at the time at which the incoming tenant quits the same. §§ 56, 57, 58, 59. Compensation under this Act to be exclusive. Provision as to change of tenancy. Restriction of im (1) It is to be noticed that the consent in writing of the landlord is necessary to enable an incoming tenant to avail himself of this section. As the compensation will practically be generally paid in this way by the incoming to the outgoing tenant, the former should be careful to get the written consent of the landlord before making any payment. See Form 19. 57. A tenant shall not be entitled to claim compensation by custom 1 or otherwise than in manner authorised by this Act in respect of any improvement for which he is entitled to compensation under or in pursuance of this Act, but where he is not entitled to compensation under or in pursuance of this Act he may recover compensation under any other Act of Parliament, or any agreement or custom, in the same manner as if this Act had not passed. (1) It is to be noticed that in the case of all tenancies beginning after the commencement of this Act, the custom of the country, where such existed, will no longer have any operation in respect of improvements mentioned in the 1st Schedule to this Act, when the tenant is entitled to compensation under the Act. 58. A tenant who has remained in his holding during a change or changes of tenancy shall not thereafter on quitting his holding at the determination of a tenancy be deprived of his right to claim compensation in respect of improvements by reason only that such improvements were made during a former tenancy or tenancies, and not during the tenancy at the determination of which he is quitting.1 (1) This section is supplemental to sect. 1, so that a tenant will on quitting his holding be entitled to compensation for improvements made at any time during his occupation, notwithstanding a change of tenancy. 59. Subject as in this section mentioned, a tenant in respect shall not be entitled to compensation in respect of any provements improvements, other than manures as defined by this Act, begun by him, if he holds from year to year, within by tenant about to 1 quit. one year before he quits his holding, or at any time 8859,60. after he has given or received final notice to quit, and, if he holds as a lessee, within one year before the expiration of his lease. A final notice to quit means a notice to quit which has not been waived or withdrawn, but has resulted in the tenant quitting his holding. The foregoing provisions of this section shall not apply in the case of any such improvement as aforesaid (1.) Where a tenant from year to year has begun such improvement during the last year of his tenancy, and, in pursuance of a notice to quit thereafter given by the landlord,2 has quitted his holding at the expiration of that year; and (2.) Where a tenant, whether a tenant from year to year or a lessee, previously to beginning any such improvement,3 has served notice on his landlord of his intention to begin the same, and the landlord has either assented or has failed for a month after the receipt of the notice to object to the making of the improvement. (1) "Manures mean any of the improvements numbered 22 and 25 in the 1st Schedule. See sect. 61. (2) Notice to quit may be given within the last year of a tenancy from year to year, if the operation of sect. 33 be excluded by express agreement between the landlord and tenant. (3) This section will not apparently give a tenant any right to compensation for an improvement begun but not completed. According to sect. 1, he must have "made the improvement." 60. Except as in this Act expressed, nothing in this General Act shall take away, abridge, or prejudicially affect any rights. saving of power, right, or remedy of a landlord, tenant, or other person vested in or exerciseable by him by virtue of any other Act or law, or under any custom of the country, or otherwise, in respect of a contract of tenancy or other contract, or of any improvements, waste, emblements, 88 60, 61. tillages, away-going crops, fixtures, tax, rate, tithe rentcharge, rent, or other thing. Interpretation. 61. In this Act Contract of tenancy " means a letting of or agreement for the letting land for a term of years, or for lives, or for lives and years, or from year to year: A tenancy from year to year under a contract of tenancy current at the commencement of the Act shall for the purposes of this Act be deemed to continue to be a tenancy under a contract of tenancy current at the commencement of this Act until the first day on which either the landlord or tenant of such tenancy could, the one by giving notice to the other immediately after the commencement of this Act, cause such tenancy to determine, and on and after such day as aforesaid shall be deemed to be a tenancy under a contract of tenancy beginning after the commencement of this Act:1 "Determination of tenancy means the cesser of a contract of tenancy by reason of effluxion of time, or from any other cause : Landlord" in relation to a holding means any person for the time being entitled to receive the rents and profits of any holding: 2 "Tenant" means the holder of land under a landlord for a term of years, or for lives, or for lives and years, or from year to year: "Tenant" includes the executors, administrators, assigns, legatee, devisee, or next-of-kin, husband, guardian, committee of the estate or trustees in bankruptcy of a tenant, or any person deriving title from a tenant; and the right to receive compensation in respect of any improvement made by a tenant shall enure to the benefit of such executors, administrators, assigns, and other persons as aforesaid : Holding" means any parcel of land held by a "County court," in relation to a holding, means the "Live stock" includes any animal capable of being "Manures" means any of the improvements num bered twenty-two and twenty-three in the third The designations of landlord and tenant shall continue to apply to the parties until the conclusion of any proceedings taken under or in pursuance of this Act in respect of compensation for improvements, or under any agreement made in pursuance of this Act. § 61. will become beginning after the commencement of the Act. Who is a "landlord." (1) By sect. 33, a year's notice to quit is necessary in all When cases, both as to tenancies commencing before and after the com- tenancies mencement of this Act, unless that section is excluded by express from year to year agreement. The period at which tenancies from year to year will be deemed tenancies "under a contract of tenancy beginning tenancies after the commencement of this Act," would thus seem to be delayed, in the case of Lady Day tenancies, to Lady Day, 1885, and in the case of Michaelmas tenancies, to Michaelmas, 1885. (2) "Landlord" will include a mortgagee in possession. In Mansel v. Norton (a), an owner in fee demised a farm for seven years, and agreed, at the expiration of the term, to pay for the tenant's property on the farm at a valuation. He devised the land to trustees for a term of 1000 years, upon trust to raise money in aid of his personal estate, and subject thereto to the plaintiff for life, with divers remainders over. On the testator's death the plaintiff took possession. On the expiration of the term a new tenant could not be found. The plaintiff paid the outgoing tenant for his property on the farm, and claimed to be repaid out of the testator's estate. It was held that the landlord for the time being was the person primarily liable, and that the plaintiff, being in receipt of the rents and profits, was the landlord, and not the trustee of the term, and that he therefore was (a) 22 Ch. D. 769. |