demised premes with servants, horses, carts, ploughs, & other necy implemts, & to do such ploughg & preparon: AND ALSO in such last yr will, if desired by the lessor, or his agent, but not orwise sow, roll, & harrow in seeds with any corn wch shl be sown on the sd premes, & not suffer such seeds to be depastured. XXIX. AND ALSO will at the expiron or sooner determinon of To deliver this demise deliver up the demised premes & all addons thto up. [except such fixtures & bldgs (b) as the lessee shl be entled to remove under or by virtue of any Act of Parliamt, & wch the lessor shl not have elected to pchase] in such good & complete repair, & in such state & condon as the same ought to be in, having regard to the covts hinbfe contd. LESSOR'S COVENANTS. I. THAT HE, the lessor, will at all times durg the continuce of the sd term repair & keep in repair the exterior, & when necy paint the external wood & iron-work of the farmhouse. To keep the the farm exterior of house in repair. To rebuild burnt down. II. AND ALSO that if the farmhouse, bldgs, & barns, for the time being standg on the demised premes, or any of them, or buildings any pt thof resply, shl at any time durg the sd term be destroyed or damaged by fire, the lessor will within — calr months thrafter, at his own cost sufftly rebld, restore, & repair the same. materia's for repairs. III. AND ALSO will at all times durg the sd term, when To provide required & on receivg reasble notice, provide within. miles of the farmhouse rough timber [bricks, slates, tiles, lime, nails, & iron, except iron gates & hurdles] for repairs required on the sd demised premes. lessee to get chaik. IV. AND ALSO will at all times durg the sd term allow the To allow lessee, at his own expse, to get & carry away so much [stone or gravel from any quarry & so much] chalk from any pit on the premes as may be required for use thron. (b) See 14 & 15 Vict. c. 25, s. 3; and the Market Gardeners' Compensation Act, 1895, ss. 3 & 4; the Agricultural Holdings Act, 1883, ss. 34 & 60; as this case is not affected by s. 55 of the Act of 1883, there appears to be nothing to prevent s. 34 being excluded if desired. To allow lessee to destroy V. AND ALSO will allow the lessee to destroy & take rabbits on the demised premes & in the hedges or banks adjoing the rabbits (a). same & belonging to the lessor, at any time durg the yr by ferretg with nets, witht dog or gun, [& by the use of dogs & guns from the first day of February to the first day of April in each year, & by means of spring traps set in the rabbit holes & not above ground betn the thirtieth day of September & the first day of April, provd that the lessee shl communicate in writg to the lessor, the names of the psons to be employed for trapping.] Provd also that the ferretg [or shootg] pty shl never exceed in number, & that if any holes are made they shl be pperly filled in & levelled after ferretg, & that if hedges or banks shl be damaged they shl be at once repaired by the lessee, at his own expse. To pay tion for mischief done by ground game. VI. AND ALSO will pay the lessee for all injury or damage compensa- done to wheat, oats, or root crops, by hares or rabbits, provd that within days of any damage being done in respt of wch compenson shl be claimed, the lessee shl give notice thof in writg to the lessor, or his agent. The amt of such compenson shl, if disputed, be settled by arbitron, & shl become payable on the next day of or — day of that shl occur after the same shl have been determined. VII. AND ALSO will on the expiron of the tenancy (subjt to Compensa- provements tural Hold- (a) The rights given by this clause to the lessee, which of course are in addition to those given by the Ground Game Act, 1880, are more beneficial to him than those given by the Act. (b) The right of a tenant to compensation for unexhausted improvements, is now regulated by the Agricultural Holdings (England) Act, 1883, 46 & 47 Vict. c. 61, which repealed the previous Acts of 1875 and 1876, and which is amended as to market gardeners by the Market Gardeners' Compensation Act, 1895, 58 & 59 Vict. c. 27; and as to land under mortgage, see the Tenants' Compensation Act, 1890, 53 & 54 Vict. c. 57. By the first-named Act improvements executed by a tenant (for which a general right to compensation is conferred by s. 1), are divided into three classes: (i.) Those in the first part of the 1st schedule, for which is required the consent of the landlord, which may be given " upon such terms as to compensation or otherwise as may be agreed upon" (s. 3). In this case it may be convenient to embody the general terms of compensation in the lease, though this cannot affect the landlord's right to impose any other terms as a condition of his consent. (ii.) Those in the second part of the 1st schedule, which includes drainage only, as to which previous notice must be given to the landlord, on which the terms, "as to compensation or otherwise" may be agreed upon, or the landlord may execute the work himself; failing either of which the tenant will be entitled to compensation under the Act (s. 4). the provons hinafter contd) pay or allow to the lessee compenson, the amt thof to be determined in case of dispute by The section expressly provides that the notice may be dispensed with and the agreement as to compensation embodied in the lease. (iii.) Those in the third part of the 1st schedule, as to which the consent of the landlord is not required, but by s. 5, if there is any "particular agreement in writing" securing to the tenant “fair and reasonable compensation," compensation will be payable under the agreement and not under the Act; in this case too it seems that the terms of compensation can be determined by the lease, so long as they are "particular," i.e., semble, fixed in reference to each particular class of improvements, and also "fair and reasonable." Sect. 7 Notice of obliges the tenant to give notice of his claim two months before the deter- claim. mination of his tenancy (see Schofield v. Hincks, 37 W. R. 157; 60 L. T. 573; Re Paul, 24 Q. B. D. 247), and provides for a counter-notice of any cross-claim by the landlord. By s. 55, any contract, &c., made by a tenant Exclusion "by virtue of which he is deprived of his right to compensation under the of compenAct," is rendered void " so far as it deprives him of such right." This is subject to the right of fixing the terms of compensation under ss. 3, 4, and 5, and does not prevent the exclusion of any provisions of the Act other than those giving a right to compensation. A covenant by the tenant to execute the improvements would not of course affect his right to compensation. By Improves. 59 the tenant (other than a tenant from year to year in the cases ments mentioned in subsecs. 1 and 2) is not entitled to compensation for begun in last year of improvements (except "manures") begun within one year of the deter- tenancy. any sation. mination of his tenancy; and s. 6 provides for a set-off against the claim of the tenant of (inter alia) any benefit allowed by the landlord in considera- Set-off. tion of the tenant executing the improvements, or any claim of the landlord in respect of breaches of covenant committed by the tenant. As to what holdings are within the Act, see ss. 54 and 61. As to whether Application it applies to a tenancy for a year certain, see 36 Sol. J. 358, 365. of Act. It may be desirable in some cases, as far as possible and having regard to Methods of s. 55, to exclude the operation of the Act as to compensation. Among the excluding methods that have been suggested with this object are a reservation of the Act. penal rents for improvements executed without the landlord's consent, and a covenant by the tenant not to execute any improvements without consent (see 28 Sol. J., pp. 146, 162, 195, 211); but both of these provisions are of doubtful validity. Other methods which have been suggested and appear to be better are either (a) to reserve during the last two or three years of the term a higher rent, reducible to the normal rent on the execution in each year by the tenant of improvements within the third part of the 1st schedule to the Act of a certain value; in which case under s. 6 (a) the amount taken off the rent would be deductible from the amount payable for compensation; or (b) to make the compensation agreed upon by the lease (which is often more favourable to the tenant than the compulsory compensation provided by the Act) conditional upon the tenant making no claim under the Act. On behalf of the tenant it should be noticed that s. 59 is more unfavourable to him than the provisions of an ordinary lease. As to the landlord obtaining a charge for the amount paid by him for compensation, see ss. 29, 30. That the right to obtain a charge on the holding extends to the executors of a landlord tenant for life, see Gough v. arbitron (a), for the benefit derived by the lessor, fromFIRST, Permanent improvements made by the lessee, with the consent in writg of the lessor or his agent, on the demised premes; SECONDLY, For the bones or other artificial manure wch shl durg the last two yrs of the tenancy be with the like consent brought & spread on the demised premes: THIRDLY, For the oil-cake or other food brought & consumed durg the last two yrs of the tenancy on the demised premes; so that the amt of such bones, artificial manure, oil-cake, or other food so brought & consumed or spread, in eir of the sd two yrs, does not exceed the average annl quantity brought & consumed, or spread, durg the three yrs immedly precedg the two last yrs of the tenancy; & so that the amt of such compenson shl not exceed one-third pt of the value of the bones, artificial manure, oil-cake, or other food brought & consumed, or spread, durg the last yr of the tenancy, togr with one-sixth pt of the value of the bones, artificial manure, oil-cake, or other food brought & consumed, or spread, durg the last yr but one of the tenancy [in excess of the value of the food & manure wch the lessee may be bound to bring & consume, or spread, as an equivalent for food carried away]. See also, Prec. II., pp. 781, 782; Prec. III., clause 33, p. 786; Prec. IV., pp. 788, 789, 790. Gough, [1891] 2 Q. B. 665. For the provisions of the Act as to fixtures, &c., see s. 34, and as to notice to quit, see p. 778, note. As to holdings under two acres, this Act is now in the main superseded by the Allotments and Cottage Gardens Compensation for Crops Act, 1887, 50 & 51 Vict. c. 26; and as to allotments (not exceeding one acre), see the Allotments Act, 1887, 50 & 51 Vict. c. 48, s. 8. By the Tenant's Compensation Act, 1890, 53 & 54 Vict. c. 57, s. 2 (sub-s.1), a tenant from a mortgagor under an agreement not binding on the mortgagee is entitled to compensation for improvements as against a mortgagee in possession; but the amount may be set off against any rent due; and by sub-s. 2 the mortgagee must give the tenant six months' notice in writing before depriving him of possession, and must then allow him compensation for his crops and improvements, where the agreement was for a tenancy from year to year or for a term of years not exceeding 21, at a rack-rent. S. 3 provides for the registration of charges on compensation for improvements made under s. 31 of the Agricultural Holdings Act, 1883. (a) As to arbitration, see the Agricultural Holdings Act, 1883, ss. 9 et seq., and as to the case where compensation is fixed by the lease, see s. 17. As to arbitration generally, see the Arbitration Act, 1889, and see the form of clause, infra, p. 777. As to the distinction between an arbitration and a mere valuation, see Re Dawdy, 15 Q. B. D. 426. VIII. AND ALSO that the lessee, paying the sd yrly rent of For quiet enjoyment. £, & the sd addl rents in case the same shl be incurred, & pformg all the covts & agrmts on the pt of the lessee hrin contd, may quietly hold the demised premes durg the sd term (b) witht any interruption by the lessor or any pson claimg under him. PROVISOES. under a things consumed I. PROVD ALWAYS, & these psnts are upon this condon, that Proviso as in case the lessor shl distrain for rent (c), it shl be lful for to sales him to sell & dispose of the distress or distresses, or any pt or distress of pts thof, subjt to a condon that all hay, straw, fodder, haulm, covenanted turnips, mangold, compost, & manure, the words shd comprise to be all the produce of the farm corted to be consumed on the premes, on the shl be consumed on the premes, & that on a sale being made, premises. subjt to such condons, the lessees shl allow the use of the outbldgs, barns, yards & fields to the pchaser, free from chge, for the ppose of threshg out or consumg the same. lessor to resume possession of part of land. II. PROVD ALWAYS, &c., that it shl be lful for the lessor at Power to any time or times to resume posson of & determine the tenancy of the lessee as to any portion or portions [not exceedg in the whole acres] of the sd demised premes for the ppose of sellg or using or lettg the same for pposes other than agricultural or as allotmts [or for any of the pposes mentd in the 41st section of the Agricultural Holdings (England) Act, 1883] on giving to the lessee one calr month's notice of his intention in that behalf, in wch case the lessor shl allow to the lessee a proportionate abatement (to be fixed in case of dispute by arbitron) of the rent hby reserved in respt of the land posson of which shl be so resumed, or, "shl make compenson for the same by an abatemt of rent or orwise in mner provd by the (b) Add here, if appropriate, " & the barns & stack-yards until the day of next after the expiron of the sd term for the stackg, threshg, & dressg the last yr's crop." (c) See 56 Geo. III., c. 50, s. 11; Ridgway v. Lord Strafford, 6 Ex. 404; Hawkins v. Walrond, 1 C. P. D. 280; Lybbe v. Hart, 29 Ch. D. 8. As to the law of distress, see p. 762, note. |