Other rates. upon the lessor in respect of the rent received (). A landlord cannot be rated to the poor, even in respect of houses let to tenants who have been excused their rates on account of their poverty (m). By the Small Tenements' Rating Act (n), however, the landlord may be rated instead of the occupier, where the rateable value of the premises does not exceed £6. By sect. 7, such occupiers (whether paying such rates voluntarily or by compulsion) may deduct the amount, together with all costs and charges they may have incurred on account thereof, from the rent payable in respect of such tenements, and such amounts shall be deemed debts due from such owners to such occupiers, and be recoverable by action. With respect to tenements in parishes wholly or partly in a parliamentary borough, the liability of the landlord in this respect has ceased under the Reform Act of 1867, except as therein mentioned (o). By the proviso of sect. 6, it is enacted, that where the occupier under a tenancy subsisting at the time of the passing of this Act of any dwelling-house or other tenement, which has been let to him free from rates, is rated and has paid rates in pursuance of this Act, he may deduct from any rent due, or accruing due, from him in respect of the said dwelling-house or other tenement, any amount paid by him on account of the rates to which he may be rendered liable by this Act. Besides the poor-rate, there are various rates charged upon the occupiers of premises rateable to the (7) Rowls v. Gells, Cowp. 452, (n) 13 & 14 Vict. c. 99. (0) 30 & 31 Vict. c. 102, s. 6. This Act does not apply to any place where owners are made liable to be rated to the relief of the poor, under the provisions of any local Act. See also Davis on the Law of Registration and Elections, p. 233, note. relief of the poor. The chief of these are the paving, watching, lighting, and water rates, the highway rates, the county and borough rates. These and others are, in general, regulated by the principles which govern the assessment to the poor-rates. charge. Under the Tithe Commutation Acts, the rent-charge, Tithe rentwhich is substituted in lieu of the tithes, is charged upon the land, and may be recovered by distress. Neither the landlord nor the tenant is, under these statutes, personally liable to pay it; but if the latter pays it, he may deduct it from his rent, unless he has agreed with his landlord to take the charge upon himself (p). By the 14 & 15 Vict. c. 25, however, a convenient remedy is given to the landlord or succeeding tenant who is obliged to pay the rentcharge which ought to have been paid by the previous tenant. It is provided by sect. 4 of this Act, that “if any occupying tenant of land shall quit, leaving unpaid any tithe rent-charge for or charged upon such land, which he was by the terms of his tenancy or holding legally or equitably liable to pay, and the tithe-owner shall give or have given notice of proceeding by distress upon the land for recovery thereof, it shall be lawful for the landlord, or the succeeding tenant or occupier, to pay such tithe rent-charge, and any expenses incident thereto, and to recover the amount or sum of money which he may so pay over against such first-named tenant or occupier, or his legal representatives, in the same manner as if the same were a debt by simple contract, due from such first-named tenant or occupier to the landlord or tenant making such payment." (p) See the 6 & 7 Will. IV. c. 71, ss. 67, 80, 81; and Griffin hoofe v. Daubaz, 4 E. & B. 230, S. 4. APPORTIONMENT. The lessee's liability to pay rent according to his agreement may be altered either by act of the parties or by act of law:-1. Where the reversion of the lessor becomes severed by alienation. 2. Where the lessee's interest in part of the estate is destroyed, and the rent is payable only in respect of the residue. 3. Where the interest of the lessee expires before his rent becomes due. 4. Where the lessor dies before the rent becomes due, but the lessee's interest does not thereby expire. 1. As the rent is incident to the reversion, whenever the reversion is severed by act of the parties, the rent shall be apportioned (q); but the lessee's concurrence to the apportionment is necessary, unless it be settled by a jury (r). The rent will also be apportioned in the case of a severance of the reversion by act of law (s). 2. Rent will be apportioned where the lessee's interest in part of the thing demised is extinguished either by the act of parties, the act of law, or the act of God. If the tenant surrender a portion of his estate, or if the lessor enters upon part of the tenant's land for a forfeiture, or if part of the land be recovered in an action for waste, the rent shall be apportioned (t). If the tenant be evicted out of a part of the land by force of a paramount title, the rent (q) Co. Litt. 148 a; Collins v. Harding, 1 Rolls Abr. 234; Doe d. Vaughan v. Meyler, 2 M. & S. 276. (r) Bliss v. Collings, 5 B. & Ald. 876. (8) Moody v. Garnon, 1 Rolls Abr. 237, 1. 3, 1. 12; Rushen's case, Dyer, 4 B; Ewer v. Moyle, Cro. Eliz. 771. (t) Smith v. Malings, Cro. Jac. 160; Fishe v. Campion, 1 Rolls Abr. 234, 1. 48, 235, 1. 20; Walker's case, 3 Rep. 22, 1 Rolls Abr. 325, 1. 23, 25. will be apportioned; but if he be evicted wrongfully by the landlord, the rent will be suspended for the whole, and will not be apportioned (u). Where a lease, not under seal, was made of lands, a portion of which was already leased to another in possession for a longer period, it was held that the lease was void as to the portion before leased, and that the rent could not be apportioned (v). But where the second lease was under seal, the case was held to be different, because such a lease passed the reversion with the rent thereon (w). Where the lessor fails to fulfil his agreement in the chief object which had induced the lessee to become a party to it (as where he fails to give the exclusive privilege of sporting), the lessee cannot be said to have enjoyed under the agreement; and in an action for use and occupation, the tenant may show an eviction of part of the premises, and the amount of rent which the tenant ought to pay may be ascertained by a jury (x). It seems that where part of land is lost to the lessee by the act of God, he may insist that the rent be apportioned, as if the sea break in and overflow a part of the land, the rent shall be apportioned (y). Where lands and goods are let at an entire rent, and the (u) Smith v. Malings, Cro. Jac. 160; Walker's case, 3 Rep. 22; Stevenson v. Lambard, 2 East. 575; Boodle v. Campbell, 7 M. & G. 386. See also Morrison v. Chadwick, 7 C. B. 283; Newton v. Allin, 1 Q. B. 518. (v) Neale v. Mackenzie, in error, 1 M. & W. 747; Holgate v. Kay, 1 C. & K. 341; Eccl. Com missioners of Ireland v. O'Connor, 9 Ir. Com. L. R. 242. (w) Eccl. Commissioners of Ireland v. O'Connor, 9 Ir. Com. L. R. 242. (x) Tomlinson v. Day, 2 B. & B. 680. See the judgment of the Court by Lord Denman in Neale v. Mackenzie, 1 M. & W. 764. (y) 1 Rolls Abr. 256, 1. 46. tenant is evicted from the lands, no apportionment of the rent can be made for the goods, as rent issues from the land alone (z). In Salmon v. Matthews, 8 M. & W. 827, however, it appears to have been thought that the rent might be apportioned; but the case was decided on the ground that there was evidence for the jury to infer a fresh agreement to pay for the use of the goods. 3. Where the interest of the lessee expires before his rent becomes due, it cannot be apportioned (a). But by the 11 Geo. II., c. 19, s. 15, after reciting "that where any lessor or landlord having only an estate for life in the lands, tenements, or hereditaments demised, happens to die before or on the day on which any rent is reserved or made payable, such rent, or any part thereof, is not by law recoverable by the executors or administrators of such lessor or landlord, nor is the person in reversion entitled thereto, any other than for the use and occupation of such lands, tenements, or hereditaments, from the death of the tenant for life, of which advantage hath been often taken by the under-tenants, who thereby avoid paying anything for the same;" it is enacted, "That where any tenant for life shall happen to die before or on the day on which any rent was reserved or made payable upon any demise or lease of any lands, tenements, or hereditaments, which determined on the death of such tenant for life, the executors or administrators of (z) Emott's case, Dyer, 212 b, in margin; Collins v. Harding, Cro. Eliz. 606; Cadogan v. Kennett, Cowp. 432; Gilb. Rents, 175; Williams v. Haywood, 1 E. & E. 1040, 28 L. J. Q. B. 374. (a) Countess of Plymouth v. Throgmorton, 1 Salk. 65; Clun's case, 10 Rep. 127 b; Jenner v. Morgan, 1 P. W. 392; Edwards v. Countess of Warwick, 2 P. W. 176; Hay v. Palmer, ib. 502; Lord Strafford v. Lady Wentworth, 1 P. W. 180; Lord Rockingham v. Penrice, ib. 177; Slack v. Sharp, 8 A. & E. 366. |