# Agricultural Holdings Act

Agricultural Holdings Act;
WITH
EXPOSITION, APPENDIX, NOTES AND FORMS.
BY
HENRY WINCH, Esq.,
Of the Middle Temple, Barrister-at-Law.
LONDON:
WELDON & CO., 40, BEDFORD STREET,
COVENT GARDEN.
LONDON:
PRINTED BY W. WILFRED HEAD, PLOUGH COURT, FETTER LANE, E.C.
PREFACE.
The Lord Chief Justice of England, in a recently-delivered speech, remarked that the people of this country were but imperfectly acquainted with its laws.
That such should be the case need be no cause for surprise, since, on reading an Act of Parliament, we generally find that it consists of numerous clauses badly arranged, composed of sentences much involved, and expressed in words purely technical.
Without directly charging upon this Act the above grave faults, the Author yet thinks it possible to make its meaning more clear.
With this object in view, he has re-arranged and grouped its clauses, amplified the sentences, and expressed them in every-day language; and, in so doing, hopes that the few following pages may not be unworthy of perusal by those Landlords and Tenants for whose special use they are intended.
The Author has purposely omitted to remark on several of the sections, finding some so clear as to need no comment, while, others are totally devoid of interest to those for whom this work has been compiled.
1, Essex Court, Temple. December 10, 1875.
TABLE OF CONTENTS.
| | PAGE |
| Landlord's Summary of Act | 9 |
| Tenant's"" | 11 |
| CHAPTER I. ||
| Existing and Future Tenancies | 13 |
| CHAPTER II. ||
| First Class Improvement | 16 |
| CHAPTER III. ||
| Second Class Improvement | 21 |
| CHAPTER IV. ||
| Third Class Improvement | 25 |
| CHAPTER V. ||
| Fixtures | 34 |
| CHAPTER VI. ||
| Resumption for Improvements | 34 |
| CHAPTER VII. ||
| Tenant's Compensation for Breach of Covenant | 37 |
| CHAPTER VIII. ||
| Landlord's Counter-Claim | 38 |
| CHAPTER IX. ||
| Notice to Quit | 41 |
| CHAPTER X. ||
| Procedure | 42 ​ |
| CHAPTER XI. ||
| Charge of Tenant's Compensation | 44 |
| Appendix A | 48 |
| "B | 57 |
| "C | 58 |
| Act | 63 |
| Index | 93 |
SUMMARY OF THE ACT FOR LANDLORD'S GUIDANCE.
| | | | PAGE |
| Landlord:— |
| Wishing | $\scriptstyle {\left\{{\begin{matrix}\ \\\\\ \ \end{matrix}}\right.}$ | To adopt the Act | 13 |
| Wishing | $\scriptstyle {\left\{{\begin{matrix}\ \\\\\ \ \end{matrix}}\right.}$ | Not to adopt the Act | 13 |
| Wishing | $\scriptstyle {\left\{{\begin{matrix}\ \\\\\ \ \end{matrix}}\right.}$ | To adopt a portion of the Act | 13 |
| Upon receiving: from Tenant an application for consent to execute | $\scriptstyle {\left.{\begin{matrix}\ \\\ \end{matrix}}\right\}\,$ | First-class Improvement | 16 |
| On receiving notice that Tenant intends to execute | $\scriptstyle {\left.{\begin{matrix}\ \\\ \end{matrix}}\right\}\,$ | Second-class Improvement | 21 |
| Or, to remove | | Fixtures | 31 |
| Wishing to resume part of the holding | Wishing to resume part of the holding | Wishing to resume part of the holding | 34 |
| Notice to Quit under this Act | Notice to Quit under this Act | Notice to Quit under this Act | 41 |
| Claim against, by Tenant; how ascertained; in First-class Improvement; where | $\scriptstyle {\left.{\begin{matrix}\ \\\ \end{matrix}}\right\}\,$ | Absolute Owner | 18–19 |
| Claim against, by Tenant; how ascertained; in First-class Improvement; where | $\scriptstyle {\left.{\begin{matrix}\ \\\ \end{matrix}}\right\}\,$ | Not Absolute Owner | 18–19 |
| Claim against; how ascertained | $\scriptstyle {\left\{{\begin{matrix}\ \\\\\ \ \end{matrix}}\right.}$ | Second-class | 29 |
| Claim against; how ascertained | $\scriptstyle {\left\{{\begin{matrix}\ \\\\\ \ \end{matrix}}\right.}$ | Third-class | 29 |
| Claim against; how ascertained | $\scriptstyle {\left\{{\begin{matrix}\ \\\\\ \ \end{matrix}}\right.}$ | Fixtures | 31 |
| On receiving notice of Tenant's claim is entitled to make | $\scriptstyle {\left.{\begin{matrix}\ \\\ \end{matrix}}\right\}\,$ | Counter-claim | 38 |
| Form of Procedure | | | 42 |
| Charge upon holding for money paid to Tenant when | $\scriptstyle {\left\{{\begin{matrix}\ \\\ \end{matrix}}\right.}$ | Absolute Owner | 46 |
| Charge upon holding for money paid to Tenant when | $\scriptstyle {\left\{{\begin{matrix}\ \\\ \end{matrix}}\right.}$ | Not Absolute Owner | 47 |
SUMMARY OF THE ACT FOR TENANT'S GUIDANCE.
| Tenant:— |
| | | | PAGE |
| Yearly at will, or for a term of years, wishing | $\scriptstyle {\left\{{\begin{matrix}\ \\\\\ \ \end{matrix}}\right.}$ | To adopt the Act | 13 |
| Yearly at will, or for a term of years, wishing | $\scriptstyle {\left\{{\begin{matrix}\ \\\\\ \ \end{matrix}}\right.}$ | Not to adopt the Act | 13 |
| Yearly at will, or for a term of years, wishing | $\scriptstyle {\left\{{\begin{matrix}\ \\\\\ \ \end{matrix}}\right.}$ | To adopt a portion of the Act | 13 |
| Who has adopted the Act and wishes to execute an Improvement known as | $\scriptstyle {\left\{{\begin{matrix}\ \\\\\ \\\ \ \end{matrix}}\right.}$ | First-class | 16 |
| Who has adopted the Act and wishes to execute an Improvement known as | $\scriptstyle {\left\{{\begin{matrix}\ \\\\\ \\\ \ \end{matrix}}\right.}$ | Second-class | 21 |
| Who has adopted the Act and wishes to execute an Improvement known as | $\scriptstyle {\left\{{\begin{matrix}\ \\\\\ \\\ \ \end{matrix}}\right.}$ | Third-class | 25 |
| Who has adopted the Act and wishes to execute an Improvement known as | $\scriptstyle {\left\{{\begin{matrix}\ \\\\\ \\\ \ \end{matrix}}\right.}$ | Fixtures | 31 |
| On receiving from Landlord a Notice to Quit part of holding | On receiving from Landlord a Notice to Quit part of holding | On receiving from Landlord a Notice to Quit part of holding | 34 |
| Receiving from, or giving to, Landlord Notice to Quit, and wishing to ascertain the amount of compensation in respect of | $\scriptstyle {\left\{{\begin{matrix}\ \\\\\ \\\ \\\ \\\ \ \end{matrix}}\right.}$ | First-class | 17 |
| Receiving from, or giving to, Landlord Notice to Quit, and wishing to ascertain the amount of compensation in respect of | $\scriptstyle {\left\{{\begin{matrix}\ \\\\\ \\\ \\\ \\\ \ \end{matrix}}\right.}$ | Second-class | 22 |
| Receiving from, or giving to, Landlord Notice to Quit, and wishing to ascertain the amount of compensation in respect of | $\scriptstyle {\left\{{\begin{matrix}\ \\\\\ \\\ \\\ \\\ \ \end{matrix}}\right.}$ | Third-class | 26 |
| Receiving from, or giving to, Landlord Notice to Quit, and wishing to ascertain the amount of compensation in respect of | $\scriptstyle {\left\{{\begin{matrix}\ \\\\\ \\\ \\\ \\\ \ \end{matrix}}\right.}$ | Fixtures | 32 |
| Receiving from, or giving to, Landlord Notice to Quit, and wishing to ascertain the amount of compensation in respect of | $\scriptstyle {\left\{{\begin{matrix}\ \\\\\ \\\ \\\ \\\ \ \end{matrix}}\right.}$ | Resumption by Landlord of part of holding | 35 |
| Receiving from, or giving to, Landlord Notice to Quit, and wishing to ascertain the amount of compensation in respect of | $\scriptstyle {\left\{{\begin{matrix}\ \\\\\ \\\ \\\ \\\ \ \end{matrix}}\right.}$ | Landlord's breach of covenant | 37 |
| Form of Procedure | | | 42 |
CHAPTER I.
EXISTING AND FUTURE TENANCIES.
CLAUSES OF THE ACT.
Application of Act to future tenancies56.—This Act shall apply to every contract of tenancy beginning after the commencement of this Act, unless, in any case, the landlord and tenant agree in writing, in the contract of tenancy, or otherwise, that this Act, or any part or provision of this Act, shall not apply to the contract; and, in that case, this Act, or the part or provision thereof to which that agreement refers (as the case may be), shall not apply to the contract.
Application of Act to existing tenancies.57.—In any case of a contract of tenancy from year to year or at will, current at the commencement of this Act, this Act shall not apply to the contract, if within two months after the commencement of this Act the landlord or the tenant gives notice in writing to the other, to the effect that he (the person giving the notice) desires that the existing contract of tenancy between them shall remain unaffected by this Act; but such a notice shall be revocable by writing; and in the absence of any such notice, or on ​revocation of every such notice, this Act shall apply to the contract.
In every other case of a contract of tenancy current at the commencement of this Act, this Act shall not apply to the contract. No restriction on contract.
No restriction on contract.54.—Nothing in this Act shall prevent the landlord and tenant, or intending landlord and tenant, from entering into and carrying into effect any such agreement as they think fit, or shall interfere with the operation thereof.
Adoptio of parts of Act by agreement.55.—A landlord and tenant, whether the landlord is absolute owner of the holding for his own benefit or not, may, in any agreement in writing relating to the holding, adopt by reference any of the provisions of this Act respecting procedure or any other matter, without adopting all the provisions of this Act; and any provision so adopted shall have effect in connexion with the agreement accordingly.
Exception of non-agricultural and small holdings.58.—Nothing in this Act shall apply to a holding that is not either wholly agricultural or wholly pastoral, or in part agricultural and as to the residue pastoral, or that is of less extent than two acres.
REMARKS.
There can be no binding verbal agreement to prevent the operation of the whole or part of this Act.
Tenancies existing before 14 February, 1876.
Lessors and LesseesAre wholly unaffected by this Act, and need take no steps to prevent its operation.
Tenancies commencing after 14 February, 1876.
Tenancies existing before or commencing after 14 February, 1876.
CHAPTER II.
FIRST CLASS IMPROVEMENT.
CLAUSES OF THE ACT.
Consent of Landlord of first class.10.—The tenant shall not be entitled to compensation in respect of an improvement of the first class, unless he has executed it with the previous consent in writing of the landlord.
Tenant's title to compensation.5.—Where, after the commencement of this Act, a tenant executes on his holding an improvement comprised in the following:
First Class.
Erection or enlargement of buildings.
Laying down of permanent pasture.
Making and planting of osier beds.
Making of water meadows or works of irrigation.
Making of gardens.
Making or improving of roads or bridges.
Making or improving of watercourses, ponds, wells, or reservoirs, or of works for supply of water for agricultural or domestic purposes.
Making of fences.
Planting of hops.
Planting of orchards.
Reclaiming of waste land.
​He shall be entitled, subject to the provisions of this Act, to obtain on the determination of the tenancy compensation in respect of the improvement.
Time in which improvement exhausted.6.—An improvement shall not in any case be deemed, for the purposes of this Act, to continue exhausted beyond the respective times following after the year of tenancy in which the outlay thereon is made:
Where the improvement is of the first class, the end of twenty years.
Amount of Tenant's compensation in first class.7.—The amount of the tenant's compensation in respect of an improvement of the first class shall, subject to the provisions of this Act, be the sum laid out by the tenant on the improvement, with a deduction of a proportionate part thereof for each year while the tenancy endures after the year of tenancy in which the outlay is made, and while the improvement continues unexhausted; but so that where the landlord was not, at the time of the consent given to the execution of the improvement, absolute owner of the holding for his own benefit, the amount of the compensation shall not exceed a capital sum fairly representing the addition which the improvement, as far as it continues unexhausted at the determination of the tenancy, then makes to the letting value of the holding.
​Deduction in first class for want of repair, &c.11.—In the ascertainment of the amount of the tenant's compensation in respect of an improvement of the first class, there shall be taken into account, in reduction thereof, any sum reasonably necessary to be expended for the purpose of putting the same into tenantable repair or good condition.
REMARKS.
Landlord's consent.Before executing these improvements the tenant must obtain his landlord's consent in writing, since for any improvement executed without such consent the tenant will not be entitled to claim compensation.
Compensation to Tenant, how estimated.Presuming the consent obtained and the improvement executed; then the tenant has in estimated, substance a lease for twenty years of all those lands upon which he has executed the improvements mentioned in Class I., without paying any increased rent for the same, and if his tenancy be sooner determined, either by himself or his landlord, then he is entitled to compensation as ascertained by the following calculations:
Case Supposed. :
| Tenancy commenced | Tenancy commenced | 11th Oct., 1875. |
| | Improvement is executed April, 1876. Now the time at which the exhaustion commences is the "year of tenancy after the year of tenancy in which the outlay is made," which in the above case then is | 11th Oct., 1876. |
| | Tenancy determined | 11th Oct., 1884. |
| The tenant then has exhausted 8 years |||
1st: Where landlord absolute owner. :
| Sum laid out on building cottage (say) | £100 | 0s. |
| Less eight years exhaustion of improvement computed as follows: |
| The whole improvement £100 is exhausted in twenty years, therefore the exhaustion in one year is £5. This sum multiplied by eight years gives amount exhausted | 40 | 0s. |
| Tenant is entitled to claim | £60 | 0s. |
| Less sum required to place same in tenantable repair (say) | 3 | 0s. |
2nd: Where landlord not absolute owner. :
| The addition the improvement makes to the yearly letting value (say) £5. |
| In the case supposed there are twelve years' improvement unexhausted. This sum then (£5) capitalised at twelve years' purchase at 5% | £43 | 15s. |
| Tenant is entitled to claim | £43 | 15s. |
| Less sum required to place same in tenantable repair (say) | £3 | 0s. |
From the previous calculation it will be seen that there is a difference in the sum to be received by the tenant where the landlord is "absolute owner" and where "not absolute owner." The reader is referred to the Remarks upon this difference in the Appendix C, page 58.
N.B.—Sec. 3, 14 and 15 Vict, (see Appendix B, page 57) also enables a tenant to erect buildings upon certain conditions.
The difference between 14 and 15 Vict, and these sections is as follows—
A landlord will therefore do well to make it a condition of his consent to the erection of a building, that it shall be deemed to be erected under the Agricultural Holdings Act.
CHAPTER III.
SECOND CLASS IMPROVEMENT.
CLAUSES OF THE ACT.
Notice to Landlord for second class.12.—The tenant shall not be entitled to compensation in respect of an improvement of the second class, unless, not more than forty-two and not less than seven days before beginning to execute it, he has given to the landlord notice in writing of his intention to do so, nor where it is executed after the tenant has given or received notice to quit, unless it is executed with the previous consent in writing of the landlord.
Tenant's title to compensation5.—Where after the commencement of this Act a tenant executes on his holding an improvement comprised in the
Second Class.
He shall be entitled, subject to the provisions ​of this Act, to obtain on the determination of the tenancy compensation in respect of the improvement.
Time in which improvement exhausted.6.—An improvement shall not in any case be deemed, for the purposes of this Act, to continue unexhausted beyond the respective times following after the year of tenancy in which the outlay thereon is made.
Where it is of the second class, the end of seven years.
Amount of Tenant's compensation in second class.8.—The amount of the tenant's compensation in respect of an improvement of the second class shall, subject to the provisions of this Act, be the sum properly laid out by the tenant on the improvement, with a deduction of a proportionate part thereof for each year while the tenancy endures after the year of tenancy in which the outlay is made, and while the improvement continues unexhausted.
REMARKS.
Consent from Landlord.Tenant under notice to quit must obtain landlord's consent in writing or he will not be entitled to claim compensation for any improvement he has executed in this class. Tenant not under notice to quit does not require the consent of landlord.
​Tenant about to execute improvement.Notice must be given in writing to the landlord (not more than forty-two days or less than seven days) before beginning to execute improvement:—The landlord thus has the opportunity of ascertaining what sum has been laid out.
Caution to Tenant before laying out money.The tenant must be very careful that the "sum laid out" is "properly laid out," as he can only claim to be compensated for the sum "properly laid out." Under Class I. the landlord can withhold his consent; but under Class II. (except tenant is under notice to quit) it is not required. It is therefore a fair provision that if the tenant has improperly laid out money, he should not be entitled to compensation.
Compensation to Tenant, how estimated.The tenant it is presumed has properly laid out £70 in chalking land. According to the above sections, this claim to compensation is arrived at in the following manner:—
| Tenancy commenced | Tenancy commenced | 11 Oct., 1875 |
| | Improvement is executed April, 1876. Now the time at which the exhaustion commences is the "year of tenancy after the year of tenancy in which the outlay is made," which in the above case then is | 11 Oct., 1876 |
| | Tenancy determined | 11 Oct., 1879 |
The tenant then it will be seen has exhausted 3 years of the improvement. His claim then would be:
| The sum laid out in chalking land (say) | £70 |
| Less the exhaustion of 3 years, computed as follows: |
| The whole improvement, £70, is exhausted in 7 years, therefore the exhaustion in one year is one-seventh or £10. This sum multiplied by three gives the amount exhausted | 30 |
| Therefore the sum due to the out-going tenant would be | £40 |
CHAPTER IV.
THIRD CLASS IMPROVEMENT.
CLAUSES OF THE ACT.
General saving of rights.60.—Except as in this Act expressed, nothing in this Act shall take away, abridge, or prejudicially affect any power, right, or remedy of a landlord, tenant, or other person, vested in or exercisable 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 improvement, waste, emblements, tillages, away-going crops, fixtures, tax, rate, tithe-rentcharge, rent, or other thing.
Exception where other compensation.59.—A tenant shall not be entitled to claim compensation under this Act and under any custom of the country or contract in respect of the same work or thing.
Tenant's title to compensation.5.—Where, after the commencement of this ​Act, a tenant executes on his holding an improvement in the
Third Class.
He shall be entitled, subject to the provisions of this Act, to obtain, on the determination of the tenancy, compensation in respect of the improvement.
6.—An improvement shall not in any case be deemed, for the purposes of this Act, to continue unexhausted beyond the respective times following after the year of tenancy in which the outlay thereon is made.
Where it is of the third class, the end of two years.
Amount of Tenant's compensation in third class.9.—The amount of the tenant's compensation in respect of an improvement of the third class shall, subject to the provisions of this Act, be such proportion of the sum properly laid out by the tenant on the improvement as fairly represents the value thereof at the determination of the tenancy to an incoming tenant.
Exclusion of compensation in third class after exhausting crop.13.—The tenant shall not be entitled to compensation in respect of an improvement of the third class, where, after the execution thereof, ​there has been taken from the portion of the holding on which the same was executed a crop of corn, potatoes, hay, or seed, or any other exhausting crop.
Exclusion of compensation for consumption of cake, &c., in certain cases.14.—The tenant shall not be entitled to compensation in respect of an improvement of the in third class, consisting in the consumption of cake or other feeding stuff, where under the custom of the country, or an agreement, he is entitled to and claims payment from the landlord or incoming tenant in respect of the additional value given by that consumption to the manure left on the holding at the determination of the tenancy.
Restrictions as to third class.15.—In the ascertainment of the amount of compensation in respect of an improvement of the third class:—
REMARKS.
No notice need be given to landlord, and no consent is required from landlord, before tenant executes any improvement under this class.
Tenants who can now claim compensation under a custom.Tenants under a custom which now enables them to claim against an incoming tenant for manures, &c., should consider Sec. 60 before studying those others relating to this class. Tenants under a custom will then learn, that if they adopt this Act they will lose none of their present rights against an incoming tenant; but they will gain against a landlord rights which they never before have had.
N.B.—There is no claim against both in respect of the same matter.
It is submitted, after careful consideration, that the tenant under a custom, although he loses nothing by adopting these sections, yet he gains but very little. The sections it would appear were framed for those—
Tenants who now have no claim under a custom.Tenants who are not under any custom as to repayment for manures, &c. This Act gives such tenants a claim against their landlords under the following circumstances:—
​1st.—Application to land of purchased artificial or other purchased manure.
​2nd.—Consumption on the holding, by cattle, &c. of cake or other feeding stuff not produced on the holding.
There seems, then, but very little for which, under this class, a tenant can claim compensation, for the restrictions imposed are very great.
Inasmuch as by Sec. 51 a tenant gets a whole year's notice to quit, it is presumed that the cases will be rare where there will be much unexhausted manure.
CHAPTER V.
FIXTURES.
CLAUSES OF THE ACT.
Tenant's property in fixtures, machinery, &c.53.—Where after the commencement of this Act a tenant affixes to his holding any engine, machinery, or other fixture for which he is not under this Act or otherwise entitled to compensation, and which is not so affixed in pursuance of some obligation in that behalf or instead of some fixture belonging to the landlord, then such fixture shall be the property of and be removable by the tenant:
Provided as follows:—
1. Before the removal of any fixture the tenant shall pay all rent owing by him, and shall perform or satisfy all other his obligations to the landlord in respect of the holding:
2. In the removal of any fixture the tenant shall not do any avoidable damage to any building or other part of the holding:
​3. Immediately after the removal of any fixture the tenant shall make good all damage occasioned to any building or other part of the holding by the removal:
4. The tenant shall not remove any fixture without giving one month's previous notice in writing to the landlord of the intention of the tenant to remove it:
5. At any time before the expiration of the notice of removal, the landlord, by notice in writing given by him to the tenant, may elect to purchase any fixture comprised in the notice of removal, and any fixture thus elected to be purchased shall be left by the tenant, and shall become the property of the landlord, who shall pay the tenant the fair value thereof to an incoming tenant of the holding; and any difference as to the value shall be settled by a reference under this Act, as in case of compensation (but without appeal):
But nothing in this section shall apply to a steam engine erected by the tenant if, before erecting it, the tenant has not given to the landlord notice in writing of his intention to do so, or if the landlord, by notice in writing given to the tenant, has objected to the erection thereof.
REMARKS.
N.B.—The 14 and 15 Vict., c. 25, Sec. 3, set out in Appendix, page 57, should be read together with the above sections:
Sec. 53. No consent is required from landord by tenant before he puts up "engine (so long as it is not a steam engine), machinery or other fixtures."
One month's notice must be given to landlord before they can be removed. Landlord is then entitled to purchase them at a fair valuation; if unwilling to purchase, tenant can remove them.
The 14 and 15 Vict, already gives a tenant similar powers to those contained in Sec. 53, with this difference, that
| Tenant affixing under 14 and 15 Vict. | Tenant affixing under Agricultural Holdings Act. |
| Consent is required. | No consent is required. |
N.B.—The tenant must take care not to remove any fixtures while rent is owing.
CHAPTER VI.
RESUMPTION FOR IMPROVEMENTS.
CLAUSES OF THE ACT.
Resumption of possession for cottages &c.52.—Where on a tenancy from year to year a notice to quit is given by the landlord with a view to the use of land for any of the following purposes—
The erection of farm labourers' cottages or other houses, with or without gardens;
The providing of gardens for existing farm labourers' cottages or other houses;
The allotment for labourers of land for gardens or other purposes;
The planting of trees;
The opening or working of any coal, ironstone, limestone, or other mineral, or of a stone quarry, clay, sand or gravel pit, or the construction of any works or buildings to be used in connexion therewith;
The obtaining of brick earth, gravel, or sand;
​The making of a watercourse or reservoir;
The making of any road, tramroad, siding, canal, or basin, or any wharf, pier, or other work connected therewith;
and the notice to quit so states, then it shall, by virtue of this Act, be no objection to the notice that it relates to part only of the holding.
In every such case the provisions of this Act respecting compensation shall apply as on determination of a tenancy in respect of an entire holding.
The tenant shall also be entitled to a proportionate reduction of rent in respect of the land comprised in the notice to quit, and in respect of any depreciation of the value to him of the residue of the holding, caused by the withdrawal of that land from the holding or by the use to be made thereof; and the amount of that reduction shall be ascertained by agreement or settled by a reference under this Act, as in case of compensation (but without appeal).
The tenant shall further be entitled, at any time within twenty-eight days after service of the notice to quit, to serve on the landlord a notice in writing to the effect that he (the tenant) accepts the same as a notice to quit the entire holding, to take effect at the expiration of the then current year of tenancy; and the notice to quit shall have effect accordingly.
REMARKS.
Resumption by Landlord of part of holding.This section only applies to yearly tenancies, and gives a landlord a right, he has never before had, to serve a tenant with—
Notice to quit part of the holding, but such notice would be bad unless he required the land for some of the purposes mentioned in this section, and stated on the notice the purposes for which the land is required—see Form V., page 51.
On receipt of such notice, tenant can either treat the tenancy as determined as to that part of the holding to be resumed by the landlord, or can within twenty-eight days serve a notice on the landlord that he (the tenant) accepts the same as a notice to quit the entire holding.
In either case tenant must proceed to claim compensation in exactly the same way as he would if tenancy were determined in ordinary manner. His claim consists of two parts.
| 1st. A proportionate reduction of rent in respect of land compensation in notice to quit. | 2nd. Depreciation of the value of the residue in consequence of the withdrawal of some portion of the land or from the use to be made thereof. |
| N.B.—Under this it would seem that every acre on the holding must be treated of equal value. | In other words, the diminished letting value of the residue in consequence of landlord resuming a part for the purposes named in his notice. |
CHAPTER VII.
TENANTS COMPENSATION FOR BREACH OF COVENANT.
CLAUSES OF THE ACT.
Tenant's compensation for breach of covenant.18.—Where a landlord commits a breach of covenant or other agreement connected with the contract of tenancy, and the tenant claims under this Act compensation in respect of an improvement, then the tenant shall be entitled to obtain, on the determination of the tenancy, compensation in respect of the breach, subject and according to the provisions of this Act.
REMARKS.
Tenant's claim against Landlord for breach of covenant.Tenant (it will be seen from observations on Sec. 19; see page 39) can bring an action against his landlord for breach of covenant, immediately upon such breach, or,
Under this Act, wait till the end of his tenancy, and then obtain compensation for such breach as well as any other claim he may have under this Act, without his claim being barred by the Statute of Limitations.
CHAPTER VIII.
LANDLORD'S COUNTER-CLAIM.
CLAUSES OF THE ACT.
Deductions from compensation for taxes, rent, &c.16.—The amount of the tenant's compensation shall be subject to the following deductions:—
1. For taxes, rates, and tithe-rentcharge due or becoming due in respect of the holding to which the tenant is liable as between him and the landlord:
2. For rent due or becoming due in respect of the holding:
3. For the landlord's compensation under this Act.
Set-off of benefit to tenant.17.—In the ascertainment of the amount of the tenant's compensation there shall be taken into account in reduction thereof any benefit which the landlord has given or allowed to the tenant in consideration of the tenant executing the improvement.
​Landlord's title to compensation.19.—Where a tenant commits or permits waste, or commits a breach of a covenant or other agreement connected with the contract of tenancy, and the tenant claims compensation under this Act in respect of an improvement, then the landlord shall be entitled, by counterclaim, but not otherwise, to obtain, on the determination of the tenancy, compensation in respect of the waste or breach, subject and according to the provisions of this Act.
But nothing in this section shall enable a landlord to obtain under this Act compensation in respect of waste or a breach committed or permitted in relation to a matter of husbandry more than four years before the determination of the tenancy.
REMARKS.
Landlord's counterclaimIt has been considered that Sec. 19 takes away from a landlord (where the tenancy is affected by this Act) the Common Law remedy which he now has, to sue the tenant for a breach of covenant immediately such breach is committed. Upon careful consideration of this Sec. 19, it will be found that no such construction can be put upon it. This section only applies to cases where a claim is made for compensation under this Act. Now under Sec. 5 a claim for compensation can only be ​made at the determination of the tenancy; until, therefore, the termination of the tenancy this Sec. 19 cannot apply. After the termination of the tenancy it will apply, if the tenant has made a claim for compensation. This, as Sec. 20 points out, he must do one month before the termination of tenancy. In the latter case there will be no hardship on the landlord, as he will have his claim at once adjusted.
CHAPTER IX.
NOTICE TO QUIT.
CLAUSES OF THE ACT.
Time of notice to quit.51.—Where a half-year's notice, expiring with a year of tenancy, is by law necessary and sufficient for determination of a tenancy from year to year, a year's notice so expiring shall by virtue of this Act be necessary and sufficient for the same; but nothing in this section shall extend to a case where the tenant is adjudged bankrupt, or has filed a petition for a composition or arrangement with his creditors.
REMARKS.
In all tenancies affected by this Act one year's notice to quit must be given by either party, expiring at the same time of the year at which the tenancy commenced. It must not be understood that where there is a written agreement, in which provision is made as to notice to quit, then, even if this Act form part of the contract, the notice to quit to be given is that required by the Act, for Sec. 54 expressly provides for liberty of contract.
CHAPTER X.
PROCEDURE.
CLAUSES OF THE ACT.
Notice of intended claim.20.—Notwithstanding anything in this Act, a tenant shall not be entitled to compensation under this Act unless one month at least before the determination of the tenancy he gives notice in writing to the landlord of his intention to make a claim for compensation under this Act.
Where a tenant gives such a notice the landlord may, before the determination of the tenancy, or within fourteen days thereafter, give a counter-notice in writing to the tenant of his intention to make a claim for compensation under this Act.
Every such notice and counter-notice shall state, as far as reasonably may be, the particulars of the intended claim.
Compensation agreed or settled by reference.21.—The landlord and the tenant may agree on the amount and mode and time of payment of compensation to be paid to the tenant or to the landlord under this Act.
If in any case they do not so agree the difference shall be settled by a reference.
​Recovery of compensation.37.—Where any money agreed or awarded or ordered on appeal to be paid for compensation, costs, or otherwise, is not paid within fourteen days after the time when it is agreed or awarded or ordered to be paid, it shall be recoverable, upon order made by the judge of the county court, as money ordered by a county court under its ordinary jurisdiction to be paid is recoverable.
REMARKS.
Notice of claim.For this notice see Appendix A, Form IV. It is most important that this notice be given, for in Sec. 20 it is expressly stated that the tenant shall not be entitled unless he give such notice.
Landlord's power to give notice of claim.The landlord, it would seem, has no power to give notice of claim until he has received one from the tenant.
Definition of Tenant.In the definition tenant, the word "tenant" includes assigns. An assignee of the tenant can therefore give notice and claim compensation.
Time at which claim is to be made.The tenant on assigning his term must arrange with his assignee what amount such made assignee shall pay for unexhausted improvements, otherwise he must wait till the determination of his tenancy; for, unless by agreement with his landlord, the tenant is unable to get compensation before such determination.
CHAPTER XI.
CHARGE OF TENANT'S COMPENSATION.
CLAUSES OF THE ACT.
Power for Landlord, on paying compensation, to obtain charge.42.—A landlord, on paying to the tenant the amount of compensation due to him under this Act, may obtain from the county court a charge on the holding in respect thereof.
The court shall have power, on proof of the payment, and on being satisfied of the observance in good faith by the parties of the conditions imposed by this Act, to make an order charging the holding with repayment of the amount paid, or any part thereof, with such interest, and by such instalments, and with such directions for giving effect to the charge, as the court thinks fit.
But, where the landlord obtaining the charge is not absolute owner of the holding for his own benefit, no instalment or interest shall be made payable after the time when the improvement in respect whereof compensation is paid will, for the purposes of this Act, be taken to be exhausted.
​The instalments and interest shall be charged in favour of the landlord, his executors, administrators, and assigns.
Advance made by a company for the improvement of land.43.—Any company now or hereafter incorporated by Parliament, and having power to advance money for the improvement of land, may take an assignment of any charge made by a county court under the provisions of this Act, upon such terms and conditions as may be agreed upon between such company and the person entitled to such charge; and such company may assign any charge so acquired by them to any person or persons whomsoever.
Duration of charge.44.—The sum charged by the order of a county court under this Act shall be a charge on the holding for the landlord's interest therein, and for all interests therein subsequent to that of the landlord; but so that the charge shall not extend beyond the landlord's interest where the landlord is himself a tenant of the holding.
Adoption of parts of Act by agreement.55.—A landlord and tenant, whether the landlord is absolute owner of the holding for his own benefit or not, may, in any agreement in writing relating to the holding, adopt by reference any of the provisions of this Act, respecting procedure or any other matter, without adopting all the provisions of this Act; and any provision so adopted shall have effect in connexion with the agreement accordingly.
​But where, at the time of the making of the agreement, the landlord is not absolute owner of the holding for his own benefit, no charge shall be made on the holding, under this Act, by virtue of the agreement, greater than or different in nature or duration from the charge which might have been made thereon under this Act in the absence of the agreement.
REMARKS.
Landlord's charge for money paid where absolute owner.After payment of compensation, a charge can be obtained upon the holding on application to the county court of the district. This then becomes a charge upon the holding, and could be enforced against a subsequent tenant till such instalments were paid. Inasmuch as a charge is one on the holding, an incoming tenant, before agreeing with his landlord, should ascertain from the district county court what amount of charge there is upon the holding.
It is submitted that in yearly tenancies the simplest course for landlord to adopt, upon paying for the improvement, will be to increase the rent such sum as the improvement adds to the yearly letting value of the holding.
It will be necessary to satisfy the court that the money has been paid and good faith observed. A case may be supposed at which this provision in the section is pointed:—Supposing a tenant for life by collusion with his tenant exaggerated the improvement effected, and the money paid, an excessive charge upon the holding might thus be obtained; this would be a serious injury to the remainderman, his successor, as the land would come to him burdened with this charge without possibly a corresponding benefit.
A landlord who is not absolute owner cannot make binding agreement with the tenant that the charge upon the holding shall be greater than or different in nature or duration from the charge which might be made under this Act.
Where a tenant for life occupies his own land and executes an improvement upon it, the charge would cease with his life. Tenants for life must therefore take care what sums they expend upon improvements, if not desirous of benefiting their successors.
APPENDIX A.
Service of Notice.41. Any notice, request, demand, or other instrument under this Act, may be served on the person to whom it is to be given, either personally or by leaving it for him at his last-known place of abode in England, or by sending it through the post in a registered letter addressed to him there; and if so sent by post it shall be deemed to have been served at the time when the letter containing it would be delivered in ordinary course; and in order to prove service by letter it shall be sufficient to prove that the letter was properly addressed and posted, and that it contained the notice, request, demand, or other instrument to be served.
Form I.
(Where tenancies are yearly tenancies, or tenancies at will, existing before the 14th ​of February, 1876, this form of notice should be given, if the parties do not intend the Act to apply.)
I, (landlord or tenant)hereby give you notice I desire that the existing contract of tenancy between us in respect of land situate at,, in the parish of, in the county of, remain unaffected by the Agricultural Holdings Act.
Theday of
To Mr.
(For service of notice, see Sec. 41, page 48.)
Form II.
(In tenancies created after the 14th February, 1876, where the parties do not desire to be affected by the Agricultural Holdings Act.)
Theday of
We, the undersigned, hereby agree that the contract of tenancy made between us in respect of land and buildings known as, situate in the ​parish of, in the county of, shall not be affected by the Agricultural Holdings Act.
Form III.
(In tenancies created after the 14th February, 1876, where the parties wish a part only of the Agricultural Holdings Act to apply.)
Theday of
We, the undersigned, hereby agree that the contract of tenancy made between us in respect of land and buildingsknown as, in the parish of, in the county of, shall be affected by the Agricultural Holdings Act, excepting sections, which sections shall not apply to the contract.
Form IV.
Notice by tenant claiming compensation.I hereby give you notice that I claim compensation from you in respect of improvements executed by me on the land which I hold of you ​(if there be acovenant, or a claim for fixtures add this also).
The following are the particulars of my claim:—
| For improvements under Class I., executed theday of | £ |
| For improvements under Class II., executed theday of | £ |
| For improvements under Class III., executed theday of | £ |
Theday of
(For service of notice, see Sec. 41, page 48.)
To Mr.
Form V.
A.D.
Notice by landlord desiring to resume portion of holding.I hereby give you notice to quit and deliver on theday of(here describe the part required) being part of the land you hold of me, in the parish of, in the county of. The purposes for which I require the said land are (here state the purposes).
Theday of
(For service of notice, see Sec. 41, page 48.)
Form VI.
Theday of18.
Gentlemen,
I hereby give you notice that I have made and published my award in writing, respecting the matters in difference between Mr.and Mr.referred to me, and that it lies at (here describe the place)ready to be delivered.
The charges amount to £
Yours truly,
To Mr.
and (his Solicitor)
and to
Mr.
and (his Solicitor)
(For service of notice see Sec. 41, page 48.)
Form VII.
Form of award.Theday of
Whereas certain claims amounting to £made by A. B. (tenant ofagainst C. D. (landlord).
If no counter claim, omit this.(And whereas certain counter claims made by the said C.D. against the said A.B. under the provisions of the Agricultural Holdings Act) were disputed.
​Description of referee.And whereas such claims were referred to the award and final determination of me, X. Y.
Now I, the said referee, having taken upon myself the burden of this reference, and having duly weighed and considered the several allegations of the said parties, and also the proofs, vouchers, and documents, which have been given in evidence before me, Do hereby make and publish my Award in writing of and concerning the matter above referred to me, in the manner following:—
I award compensation under Class I. in respect of
Under Class II. in respect of
Under Class III. in respect of
For Breach of Covenant.
For fixtures
​I find that the said improvements under Class I. were executed on theday of
That the said improvements under Class II. were executed on theday of
That the said improvements under Class III. were executed on theday of
That the said Breach of Covenant was committed on theday of
And I find that the said improvements under Class I. will be exhausted on theday of
That the said improvements under Class II. will be exhausted on theday of
That the said improvements under Class III. will be exhausted on theday of
If landlord at time of consent given, not absolute owner.That the improvement under Class I. adds £per year to the yearly letting value of the holding.
And I further find that the sum laid out by the said A. B. on improvements under Class I. amounts to £
And that the sum properly laid out by the said A. B. under Class II. amounts to £
​And that the sum properly laid out by the said A. B. under Class III. amounts to £
I award for improvements under Class I. the sum of £
I award for improvements under Class II. the sum of £
I award for improvements under Class III. the sum of £
For said Breach of Covenant £
For Fixtures £
Counter-claim.And I further find that the said C. D. is entitled to compensation from the said A. B. for Breach of Covenant £
Here state the improvement.And that the said C. D. has given a benefit to the said A. B. in consideration of A. B. executing a certain improvement.
And that certain Rent, Taxes, etc., are due from the said A. B. to the said C. D.
And that the said Breach of Covenant was committed on theday of
And that the said benefit was given on the day of
I award for the said Breach of Covenant the sum of £
​I award for the said Benefit the sum of £
I award for the said Taxes, etc., the sum of £
Award.I therefore award to the saidthe sum of £to be paid by the saidto the saidon or before the, being the balance due by the saidto the saidon such claims and counter-claims as aforesaid.
And I further award that the costs of and attending this reference and award be paid either by the saidto the said(or that each party bears his own costs of this reference).
APPENDIX B.
14 & 15 Vict. c. 25, Sec. 3.
Tenant may remove buildings and fixtures erected by him on farm unless landlord elect to take them."3. That if any tenant of a farm or lands shall, after the passing of this Act, with the consent in writing of the landlord for the time being, at his own cost and expense, erect any farm building either detached or otherwise, or put up any other building, engines, or machinery, either for agricultural purposes or for the purposes of trade and agriculture (which shall not have been erected or put up in pursuance of some obligation in that behalf), then all such buildings, engines, and machinery shall be the property of the tenant and shall be removable by him, notwithstanding the same may consist of separate buildings, or that the same or any part thereof may be built in or permanently fixed to the soil, so as the tenant making any such removal do not in anywise injure the land or buildings belonging to the landlord, or otherwise do put the same in like plight and condition, or as good ​plight and condition as the same were in before the erection of anything so removed; provided nevertheless, that no tenant shall, under the provision last aforesaid, be entitled to remove any such matter or thing as aforesaid, without first giving to the landlord or his agent one month's previous notice in writing of his intention so to do, and thereupon it shall be lawful for the landlord or his agent on his authority to elect to purchase the matters and things so proposed to be removed or any of them, and the right to remove the same shall thereby cease and the same shall belong to the landlord, and the value thereof shall be ascertained and determined by two referees, one to be chosen by each party or by an umpire to be named by such referees, and shall be paid or allowed in account by the landlord who shall have so elected to purchase the same."
APPENDIX C.
For improvements, under Class I., the Legislature has compensated tenants upon two different principles: upon the first, repayment to tenant of sum invested; upon the second, value to landlord for money paid. There seems ​no good reason why, owing to the mere accident of the nature of the ownership, the compensation received by the tenant should be different, for the improvement effected is the same in both cases; nor is there any reason why the two different classes of landlord should not pay the same sum; but inasmuch as by Section 42 the Legislature restricted the period of repayment to the tenant for life, it was compelled, in order to place him in as good a position as the absolute owner, to allow him to compensate the tenant on the second principle.
But even now there seems this flaw in the Act: a tenant for life may still have to pay sometimes in effect on the same principle as the absolute owner. Suppose, at the time of consent given, landlord absolute owner, the tenant would then be entitled to compensation on the first principle; but the landlord, from whom he obtains compensation, is a tenant for life, and, therefore, the tenant for life pays on the first principle, and obtains a charge limited in duration. To illustrate this further: sum laid out by the tenant £200, addition made thereby to yearly letting value £10; at the time of consent given, landlord absolute owner. Tenancy determined, after three years of improvement exhausted, by landlord who is a tenant for ​life. On the first principle, as has been already shown, page 19, tenant entitled to £170; but the person paying the sum is tenant for life, and consequently obtains from the County Court a charge on the holding for repayment of principal and interest (5 per cent.), limited to seventeen years only. The tables show the annual charge would be £15 5s. (nearly). The improvement effected only adds £10 a year to the letting value. In such case he will be for seventeen years £5 5s. a year worse off than he would have been had he not been compelled to pay for the improvement. If the first principle of compensation alone prevail, this mischief can be remedied by repealing the provision for limitation of charge in the case of tenant for life, the charge remaining (as in the case of absolute owner it may) perpetual, with power for the absolute owner to purchase such charge, at a capital sum payingper cent.
Of the two principles on which compensation is given, the latter seems the better. In the first, a case may be supposed where a tenant may lay out money without sufficiently regarding whether it will pay a fair per-centage or not; and, although the objection may be raised that the landlord need not give his consent to an injudicious outlay, yet, as in many cases he may not be the person who will ultimately ​have to pay, and perhaps not even have to pay anything, he will not take that care which he otherwise would.
Upon the second principle the tenant lays out the money at his own risk, and if the outlay is injudicious he will be the sufferer; but if the outlay is so judicious that he receives a large sum for compensation, he is fairly entitled to it as an equivalent for his skill and knowledge. The landlord is not injured, for whatever it adds to the yearly value he gets back in increased rent. The charge upon the holding can then be made to determine at the period of the exhaustion of the improvement, thus preventing anything resembling a permanent charge on the land. Assessing the tenant's claim upon this principle will obviate the necessity of an inquiry "as to the sum laid out," which must always be more or less unsatisfactory in its result. If the tenant takes care that the sum expended produces an immediate return of 8 per cent. per annum, it will be found that, no matter when the tenancy be determined, he will not be a loser, as the following tables show.
​Tables showing the amount of compensation to which tenant is entitled for first-class improvement where landlord is absolute owner or not absolute owner:—
SUM SUPPOSED TO BE LAID OUT, £100.
| Years of Exhausted Improvements. | Where Landlord Absolute Owner. | Where Landlord Absolute Owner. | Where Landlord Absolute Owner. | Where Landlord not Absolute Owner. | Where Landlord not Absolute Owner. | Where Landlord not Absolute Owner. | Where Landlord not Absolute Owner. | Where Landlord not Absolute Owner. | Where Landlord not Absolute Owner. |
| Years of Exhausted Improvements. | Where Landlord Absolute Owner. | Where Landlord Absolute Owner. | Where Landlord Absolute Owner. | Improved Rental £5 per annum. | Improved Rental £5 per annum. | Improved Rental £5 per annum. | Improved Rental £8 per annum. | Improved Rental £8 per annum. | Improved Rental £8 per annum. |
| | £ | s. | d. | £ | s. | d. | £ | s. | d. |
| 1 | 95 | 0 | 0 | 60 | 0 | 0 | 96 | 0 | 0 |
| 2 | 90 | 0 | 0 | 58 | 5 | 0 | 94 | 0 | 0 |
| 3 | 85 | 0 | 0 | 56 | 0 | 0 | 90 | 0 | 0 |
| 4 | 80 | 0 | 0 | 53 | 15 | 0 | 86 | 0 | 0 |
| 5 | 75 | 0 | 0 | 52 | 10 | 0 | 84 | 0 | 0 |
| 6 | 70 | 0 | 0 | 50 | 0 | 0 | 80 | 0 | 0 |
| 7 | 65 | 0 | 0 | 47 | 10 | 0 | 76 | 0 | 0 |
| 8 | 60 | 0 | 0 | 43 | 15 | 0 | 70 | 0 | 0 |
| 9 | 55 | 0 | 0 | 41 | 5 | 0 | 66 | 0 | 0 |
| 10 | 50 | 0 | 0 | 37 | 15 | 0 | 62 | 0 | 0 |
| 11 | 45 | 0 | 0 | 35 | 0 | 0 | 56 | 0 | 0 |
| 12 | 40 | 0 | 0 | 32 | 10 | 0 | 52 | 0 | 0 |
| 13 | 35 | 0 | 0 | 28 | 15 | 0 | 46 | 0 | 0 |
| 14 | 30 | 0 | 0 | 25 | 0 | 0 | 40 | 0 | 0 |
| 15 | 25 | 0 | 0 | 21 | 5 | 0 | 34 | 0 | 0 |
| 16 | 20 | 0 | 0 | 17 | 10 | 0 | 28 | 0 | 0 |
| 17 | 15 | 0 | 0 | 13 | 15 | 0 | 22 | 0 | 0 |
| 18 | 10 | 0 | 0 | 3 | 15 | 0 | 14 | 0 | 0 |
| 19 | 5 | 0 | 0 | 4 | 14 | 0 | 7 | 12 | 0 |
| 20 | 0 | 0 | 0 | | | | |
AGRICULTURAL HOLDINGS (ENGLAND).
[38 & 39 Vict., Ch. 92.]
ARRANGEMENT OF CLAUSES.
A.D. 1875.Preliminary.
Clauses. :
| 1. | Short title. |
| 2. | Commencement of Act. |
| 3. | Extent of Act. |
| 4. | Interpretation. |
| Compensation. ||
| 5. | Tenant's title to compensation. |
| 6. | Time in which improvement exhausted. |
| 7. | Amount of tenant's compensation in first class. |
| 8. | Amount of tenant's compensation in second class. |
| 9. | Amount of tenant's compensation in third class. |
| 10. | Consent of landlord for first class. |
| 11. | Deduction in first class for want of repair, &c. |
| 12. | Notice to landlord for second class. |
| 13. | Exclusion of compensation in third after exhausting crop. ​ |
| 14. | Exclusion of compensation for consumption of cake, &c., in certain cases. |
| 15. | Restrictions as to third class. |
| 16. | Deductions from compensation for taxes, rent, &c. |
| 17. | Set-off of benefit to tenant. |
| 18. | Tenant's compensation for breach of covenant. |
| 19. | Land's title to compensation. |
| Procedure. ||
| 20. | Notice of intended claim. |
| 21. | Compensation agreed or settled by reference. |
| 22. | Appointment of referee or referees and umpire. |
| 23. | Requisition for appointment of umpire by Inclosure Commissioners, &c. |
| 24. | Exercise of powers of county court. |
| 25. | Mode of submission to reference. |
| 26. | Power for referee, &c., to require production of documents, administer oaths, &c. |
| 27. | Power to proceed in absence. |
| 28. | Form of award. |
| 29. | Time for award of referee or referees. |
| 30. | Reference to and award by umpire. |
| 31. | Duration of improvement to be found. |
| 32. | Award to give particulars. |
| 33. | Costs of reference. |
| 34. | Day for payment. |
| 35. | Submission not to be removed, &c. |
| 36. | Appeal to county court. |
| 37. | Recovery of compensation. |
| 38. | Appointment of guardian. |
| 39. | Provisions respecting married women. ​ |
| 40. | Costs in county court. |
| 41. | Service of notice, &c. |
| Charge of Tenant's Compensation. ||
| 42. | Power for landlord, on paying compensation, to obtain charge. |
| 43. | Advance made by a company for the improvement of land. |
| 44. | Duration of charge. |
| Crown and Duchy Lands. ||
| 45. | Application of Act to Crown lands. |
| 46. | Application of Act to land of Duchy of Lancaster. |
| 47. | Application of Act to land of Duchy of Cornwall. |
| Ecclesiastical and Charity Lands. ||
| 48. | Landlord, archbishop or bishop. |
| 49. | Landlord, incumbent of benefice. |
| 50. | Landlord, charity trustees, &c. |
| Notice to Quit. ||
| 51. | Time of notice to quit. |
| Resumption for Improvements. ||
| 52. | Resumption of possession for cottages. |
| Fixtures. ||
| 53. | Tenant's property in fixtures, machinery,&c. ​ |
| General Application of Act. ||
| 54. | No restriction on contract. |
| 55. | Adoption of parts of Act by agreement. |
| 56. | Application of Act to future tenancies. |
| 57. | Application of Act to existing tenancies. |
| 58. | Exception of non-agricultural and small holdings. |
| 59. | Exception where other compensation. |
| 60. | General saving of rights. |
CHAPTER 92.
AD. 1875.An Act for amending the Law relating to Agricultural Holdings in England.
[13th August, 1875.]
BE it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:
Preliminary.
Short title.1.—This Act may be cited as The Agricultural Holdings (England) Act, 1875.
Commencement of Act.2.—This Act shall commence from and immediately after the fourteenth of February one thousand eight hundred and seventy-six.
Extent of Act.3.—This Act shall not extend to Scotland or Ireland.
Interpretation.4.—In this Act—
    "Contract of tenancy" means a letting of land for a term of years, or for lives, or for lives and years, or from year to year, or at will.
    "Determination of tenancy" means the cesser of a contract of tenancy by reason of effluxion of time, or from any other cause:
    "Landlord" means the person for the time-being entitled to possession of land subject to a contract of tenancy, or entitled to receipt of rent reserved by a contract of tenancy, whatever be the extent of his interest, and although the land or his interest therein is incumbered or charged by himself or his settlor, or otherwise, to any extent; the party to a contract of tenancy under which land is actually occupied being alone deemed to be the landlord in relation to the actual occupier:
    "Tenant" means the holder of land under a contract of tenancy:
    "Landlord" or "tenant" includes the agent or tenant authorized in writing to act under this Act generally, or for any special purpose, and the executors, administrators, assigns, husband, guardian, committee of the estate, or trustees in bankruptcy, of a landlord or tenant:
    "Holding" includes all land held by the same tenant of the same landlord for the same term under the same contract of tenancy:
    "Absolute owner" means the owner or person capable of disposing, by appointment or otherwise, of the fee simple or whole interest of or in freehold, copyhold, or leasehold land, although the land or his interest therein is mortgaged, encumbered, or charged to any extent:
    "County court," in relation to a holding, means the county court within the district whereof the holding, or the larger part thereof, is situate:
    "Person" includes a body of persons and a corporation aggregate or sole.
The designations of landlord and tenant shall, for the purposes of this Act, continue to apply to the parties to a contract of tenancy until the conclusion of any proceedings taken under this Act on the determination of the tenancy.
Compensation.
Tenant's title to compensation.5.—Where, after the commencement of this Act, a tenant executes on his holding an improvement comprised in either of the three classes following:
First Class. :
| Drainage of land. Erection or enlargement of buildings. Laying down permanent pasture. Making and planting of osier beds. Making of water meadows or works of irrigation. Making of gardens. Making or improving of roads or bridges. | Making or improving of water-courses, ponds, wells, or reservoirs, or of works for supply for agricultural or domestic purposes. Making of fences. Planting of hops. Planting of orchards. Reclaiming of waste land. Warping of land. |
| Second Class. ||
| Boning of land with undissolved bones. Chalking of land. Clay-burning. | Claying of land. Liming of land. Marling of land. ​ |
| Third Class. ||
| Application to land of purchased artificial or other purchased manure. | Consumption on the holding by cattle, sheep, or pigs of cake or other feeding stuff not produced on the holding. |
he shall be entitled, subject to the provisions of this Act, to obtain, on the determination of the tenancy, compensation in respect of the improvement.
Time in which improvement exhausted.6.—An improvement shall not in any case be deemed, for the purposes of this Act, to continue unexhausted beyond the respective times following after the year of tenancy in which the outlay thereon is made:
Where the improvement is of the first class, the end of twenty years:
Where it is of the second class, the end of seven years:
Where it is of the third class, the end of two years:
Amount of Tenant's compensation in first class.7.—The amount of the tenant's compensation in respect of an improvement of the first class shall, subject to the provisions of this Act, be the sum laid out by the tenant on the improvement, with a deduction of a proportionate part thereof for each year while the tenancy endures after the year of tenancy in which the outlay is made and while the improvement continues unexhausted; but so that where the landlord was not, at the time of the consent given to the execution of the improvement, absolute owner of the holding for his own benefit, the amount of the compensation shall not exceed a capital sum fairly ​representing the addition which the improvement, as far as it continues unexhausted at the determination of the tenancy, then makes to the letting value of the holding.
Amount of the Tenant's compensation in second class.8.—The amount of the tenant's compensation in respect of an improvement of the second class shall, subject to the provisions of this Act, be the sum properly laid out by the tenant on the improvement, with a deduction of a proportionate part thereof for each year while the tenancy endures after the year of tenancy in which the outlay is made and while the improvement continues unexhausted.
Amount of Tenant's compensation in third class.9.—The amount of the tenant's compensation in respect of an improvement of the third class shall, subject to the provisions of this Act, be such proportion of the sum properly laid out by the tenant on the improvement as fairly represents the value thereof at the determination of the tenancy to an incoming tenant.
Consent of Landlord for first class.10.—The tenant shall not be entitled to compensation in respect of an improvement of the first class, unless he has executed it with the previous consent in writing of the landlord.
Deduction in first class for want of repair, &c.11.—In the ascertainment of the amount of the tenant's compensation in respect of an improvement of the first class, there shall be taken into account, in reduction thereof, any sum reasonably necessary to be expended for the purpose of putting the same into tenantable repair or good condition.
Notice to Landlord for second class.12.—The tenant shall not be entitled to compensation in respect of an improvement of the second class, unless, not more than forty-two and not less than seven days before beginning to execute it, he has given to the landlord notice in writing of his intention to do so, nor where ​it is executed after the tenant has given or received notice to quit, unless it is executed with the previous consent in writing of the landlord.
Exclusion of compensation in third class after exhausting crop.13.—The tenant shall not be entitled to compensation in respect of an improvement of the third class, where, after the execution thereof, there has been taken from the portion of the holding on which the same was executed, a crop of corn, potatoes, hay, or seed, or any other exhausting crop.
Exclusion of compensation for consumption of cake, &c. in certain cases.14.—The tenant shall not be entitled to compensation in respect of an improvement of the third class, consisting in the consumption of cake or other feeding stuff, where, under the custom of the country or an agreement, he is entitled to and claims payment from the landlord or incoming tenant in respect of the additional value given by that consumption to the manure left on the holding at the determination of the tenancy.
Restrictions as to third class.15.—In the ascertainment of the amount of compensation in respect of an improvement of the third class,—
    1. There shall not be taken into account any larger outlay during the last year of the tenancy than the average amount of the tenant's outlay for like purposes during the three next preceding years of the tenancy, or other less number of years for which the tenancy has endured; and,
    2. There shall be deducted the value of the manure that would have been produced by the consumption on the holding of any hay, straw, roots, or green ​crops sold off the holding within the last two years of the tenancy or other less time for which the tenancy has endured, except as far as a proper return of manure to the holding has been made in respect of such produce sold off.
Deductions from compensation for taxes, rent, &c.16.—The amount of the tenant's compensation shall be subject to the following deductions:
    1. For taxes, rates, and tithe-rentcharge due or becoming due in respect of the holding to which the tenant is liable as between him and the landlord:
    2. For rent due or becoming due in respect of the holding:
    3. For the landlord's compensation under this Act.
Set-off of benefit to Tenant.17.—In the ascertainment of the amount of the tenant's compensation there shall be taken into account in reduction thereof any benefit which the landlord has given or allowed to the tenant in consideration of the tenant executing the improvement.
Tenant's compensation for breach of covenant.18.—Where a landlord commits a breach of covenant or other agreement connected with the contract of tenancy, and the tenant claims under this Act compensation in respect of an improvement, then the tenant shall be entitled to obtain, on the determination of the tenancy, compensation in respect of the breach, subject and according to the provisions of this Act.
Landlord's title to compensation.19.—Where a tenant commits or permits waste, or commits a breach of a covenant or other agreement connected with the contract of tenancy, and the tenant claims compensation under this Act in respect of an improvement, then the landlord shall be entitled, by ​counter-claim, but not otherwise, to obtain, on the determination of the tenancy, compensation in respect of the waste or breach, subject and according to the provisions of this Act.
But nothing in this section shall enable a landlord to obtain under this Act compensation in respect of waste or a breach committed or permitted in relation to a matter of husbandry more than four years before the determination of the tenancy.
Procedure.
Notice of intended claim.20.—Notwithstanding anything in this Act, a tenant shall not be entitled to compensation under this Act unless one month at least before the determination of the tenancy he gives notice in writing to the landlord of his intention to make a claim for compensation under this Act.
Where a tenant gives such a notice the landlord may, before the determination of the tenancy, or within fourteen days thereafter, give a counter-notice in writing to the tenant of his intention to make a claim for compensation under this Act.
Every such notice and counter-notice shall state, as far as reasonably may be, the particulars of the intended claim.
Compensation agreed or settled by reference.21.—The landlord and the tenant may agree on the amount and mode and time of payment of compensation to be paid to the tenant or to the landlord under this Act.
If in any case they do not so agree the difference shall be settled by a reference.
Appointment of referee or referees and umpire.22.—Where there is a reference under this Act, a referee, or two referees and an umpire, shall be appointed as follows:
    1. If the parties concur, there may be a single referee appointed by them jointly:
    2. If before award the single referee dies or becomes incapable of acting, or for seven days after notice from the parties, or either of them, requiring him to act, fails to act, the proceedings shall begin afresh, as if no referee had been appointed:
    3. If the parties do not concur in the appointment of a single referee, each of them shall appoint a referee:
    4. If before award one of two referees dies or becomes incapable of acting, or for seven days after notice from either party requiring him to act, fails to act, the party appointing him shall appoint another referee:
    5. Notice of every appointment of a referee by either party shall be given to the other party:
    6. If for fourteen days after notice by one party to the other to appoint a referee, or another referee, the other party fails to do so, then, on the application of the party giving notice, the county court shall within fourteen days appoint a competent and impartial person to be a referee:
    7. Where two referees are appointed, then (subject to the provisions of this Act) they shall before they enter on the reference appoint an umpire:
    8. If before award an umpire dies or becomes incapable of acting, the referee shall appoint another umpire:
    9. If for seven days after request from either party the referees fail to appoint an ​umpire, or another umpire, then, on the application of either party, the county court shall within fourteen days appoint a competent and impartial person to be the umpire:
    10. Every appointment, notice, and request under this section shall be in writing.
Requisition for appointment of umpire by Inclosure Commissioners, &c.23.—Provided, that where two referees are appointed, an umpire may be appointed as follows:
    1. If either party, on appointing a referee, requires, by notice in writing to the other, that the umpire shall be appointed by the Inclosure Commissioners for England and Wales, then the umpire, and any successor to him, shall be appointed, on the application of either party, by those Commissioners:
    2. In every other case, if either party, on appointing a referee, requires, by notice in writing to the other, that the umpire shall be appointed by the county court, then, unless the other party dissents by notice in writing therefrom, the umpire and any successor to him, shall, on the application of either party, be so appointed, and in case of such dissent, the umpire, and any successor to him, shall be appointed, on the application of either party, by the Inclosure Commissioners for England and Wales.
Exercise of powers of county court.24.—The powers of the county court under this Act, relative to the appointment of a referee or umpire, shall be exerciseable by the judge of the court having jurisdiction, whether he is without or within his district, and may, by consent ​of the parties, be exercised by the registrar of the court.
Mode of submission to reference.25.—The delivery to a referee of his appointment shall be deemed a submission to a reference by the party delivering it; and neither party shall have power to revoke a submission, or the appointment of a referee, without the consent of the other.
Power for referee, &c. to require production of documents, administer oaths, &c.26.—The referee or referees or umpire may call for the production of any sample, or voucher or other document, or other evidence which is in the possession or power of either party, or which either party can produce, and which to the referee or referees or umpire seems necessary for determination of the matters referred, and may take the examination of the parties and witnesses on oath, and may administer oaths and take affirmations; and if any person so sworn or affirming wilfully and corruptly gives false evidence he shall be guilty of perjury.
Power to proceed in absence.27.—The referee or referees or umpire may proceed in the absence of either party where the same appears to him or them expedient, after notice given to the parties.
Form of award.28.—The award shall be in writing, signed by the referee or referees or umpire.
Time for award of referee or referees.29.—A single referee shall make his award ready for delivery within twenty- eight days after his appointment.
Two referees shall make their award ready for delivery within twenty-eight days after the appointment of the last appointed of them, or within such extended time (if any) as they from time to time jointly fix by writing under their hands, so that they make their award ready for delivery within a time not exceeding in the whole ​forty-nine days after the appointment of the last appointed of them.
Reference to and award by umpire.30.—Where two referees are appointed and act, if they fail to make their award ready for delivery within the time aforesaid, then, on the expiration of that time, their authority shall cease, and thereupon the matters referred to them shall stand referred to the umpire.
The umpire shall make his award ready for delivery within twenty-eight days after notice in writing given to him by either party or referee of the reference to him, or within such extended time (if any) as the registrar of the county court from time to time appoints, on the application of the umpire or of either party, made before the expiration of the time appointed by or extended under this section.
Duration of improvement to be found.31.—The award shall find and state the time at which each improvement, in respect whereof compensation is awarded, is taken, for the purposes of the award to be exhausted.
Award to give particulars.32.—The award shall not award a sum generally for compensation, but shall, as far as reasonably may be, specify—
    The several improvements, acts, and things in respect whereof compensation is awarded;
    The time at which each thereof was executed, committed, or permitted;
    In the case of an improvement of the first class, where the landlord was not at the time of the consent given to the execution thereof absolute owner of the holding for his own benefit, the extent to which the improvement adds to the letting value of the holding;
    The sum awarded in respect of each improvement, act, or thing; and
    The sum laid out by the tenant on each improvement.
Costs of reference.33.—The costs of and attending the reference, including the remuneration of the referee or referees and umpire, where the umpire has been required to act, and including other proper expenses, shall be borne and paid by the parties in such proportion as to the referee or referees or umpire appears just, regard being had to the reasonableness or unreasonableness of the claim of either party in respect of amount, or otherwise, and to all the circumstances of the case.
The award may direct the payment of the whole or any part of the costs aforesaid by the one party to the other.
The costs aforesaid shall be subject to taxation by the registrar of the county court, on the application of either party, but that taxation shall be subject to review by the judge of the county court.
Day for payment.34.—The award shall fix a day, not sooner than one month after the delivery of the award, for the payment of money awarded for compensation, costs, or otherwise.
Submission not to be removable, &c.35.—A submission or award shall not be made a rule of any court, or be removable by any process into any court, and an award shall not be questioned otherwise than as provided by this Act.
Appeal to county court.36.—Where the sum claimed for compensation exceeds fifty pounds, either party may, within seven days after delivery of the award, appeal against it to the judge of the county court on all or any of the following grounds:
    1. That the award is invalid;
    2. That compensation has been awarded for improvements, acts, or things, breaches of covenants or agreements, or for committing or permitting waste, in respect of which the party claiming was not entitled to compensation;
    3. That compensation has not been awarded for improvements, acts, or things, breaches of covenants or agreements, or for committing or permitting waste, in respect of which the party claiming was entitled to compensation;
and the judge shall hear and determine the appeal, and may, in his discretion, remit the case to be reheard as to the whole or any part thereof by the referee or referees or umpire, with such directions as he may think fit.
If no appeal is so brought, the award shall be final.
The decision of the judge of the county court on appeal shall be final, save that the judge shall, at the request of either party, state a special case on a question of law for the judgment of the High Court of Justice, and the decision of the High Court on the case, and respecting costs and any other matter connected therewith, shall be final, and the judge of the county court shall act thereon.
Recovery of compensation.37.—Where any money agreed or awarded or ordered on appeal to be paid for compensation, costs, or otherwise, is not paid within fourteen days after the time when it is agreed or awarded or ordered to be paid, it shall be recoverable, upon order made by the judge of the county court, as money ordered by a county court under its ordinary jurisdiction to be paid is recoverable.
​Appointment of guardian.38.—Where a landlord or tenant is an infant without a guardian, or is of unsound mind, not so found by inquisition, the county court, on the application of any person interested, may appoint a guardian of the infant or person of unsound mind for the purposes of this Act, and may change the guardian if and as occasion requires.
Provisions respecting married women.39.—The county court may appoint a person to act as the next friend of a married woman for the purposes of this Act, and may remove or change that next friend if and as occasion requires.
A married woman entitled for her separate use, and not restrained from anticipation, shall, for the purposes of this Act, be in respect of land as if she was unmarried.
Where any other married woman is desirous of doing any act under this Act, her husband's concurrence shall be requisite, and she shall be examined apart from him by the county court, or by the judge of the county court for the place where she for the time being is, touching her knowledge of the nature and effect of the intended act, and it shall be ascertained that she is acting freely and voluntarily.
Costs in county court.40.—The costs of proceedings in the county court under this Act shall be in the discretion of the court.
The Lord Chancellor may from time to time prescribe a scale of costs for those proceedings, and of costs to be taxed by the registrar of the court.
Service of notice, &c.41.—Any notice, request, demand, or other instrument under this Act may be served on the person to whom it is to be given, either personally or by leaving it for him at his last ​known place of abode in England, or by sending it through the post in a registered letter addressed to him there; and if so sent by post it shall be deemed to have been served at the time when the letter containing it would be delivered in ordinary course; and in order to prove service by letter it shall be sufficient to prove that the letter was properly addressed and posted, and that it contained the notice, request, demand, or other instrument to be served.
Charge of Tenant's Compensation.
Power for Landlord, on paying compensation, to obtain charge.42.—A landlord, on paying to the tenant the amount of compensation due to him under this Act, may obtain from the county court a charge on the holding in respect thereof.
The court shall have power, on proof of the payment, and on being satisfied of the observance in good faith by the parties of the conditions imposed by this Act, to make an order charging the holding with repayment of the amount paid, or any part thereof, with such interest, and by such instalments, and with such directions for giving effect to the charge, as the court thinks fit.
But, where the landlord obtaining the charge is not absolute owner of the holding for his own benefit, no instalment or interest shall be made payable after the time when the improvement in respect whereof compensation is paid will, for the purposes of this Act, be taken to be exhausted.
The instalments and interest shall be charged in favour of the landlord, his executors, administrators, and assigns.
​Advance made by a company for the improvement of land.43.—Any company now or hereafter incorporated by Parliament, and having power to advance money for the improvement of land, may take an assignment of any charge made by a county court under the provisions of this Act, upon such terms and conditions as may be agreed upon between such company and the person entitled to such charge; and such company may assign any charge so acquired by them to any person or persons whomsoever.
Duration of charge.44.—The sum charged by the order of a county court under this Act shall be a charge on the holding for the landlord's interest therein, and for all interests therein subsequent to that of the landlord; but so that the charge shall not extend beyond the landlord's interest where the landlord is himself a tenant of the holding.
Crown and Duchy Lands.
Application of Act to Crown lands.45.—This Act shall extend and apply to land belonging to Her Majesty the Queen, her heirs and successors, in right of the Crown.
With respect to such land, for the purposes of this Act, the Commissioners of Her Majesty's Woods, Forests, and Land Revenues, or one of them, or other the proper officer or body having charge of such land for the time being, or in case there is no such officer or body, then such person as Her Majesty, her heirs or successors, may appoint in writing under the Royal Sign Manual, shall represent Her Majesty, her heirs and successors, and shall be deemed to be the landlord.
Any compensation payable under this Act by the Commissioners of Her Majesty's Woods, ​Forests, and Land Revenues, or either of them, in respect of an improvement of the first class, shall be deemed to be payable in respect of an improvement of land within section one of the Crown Lands Act, 1866, and the amount thereof shall be charged and repaid as in that section provided with respect to the costs, charges, and expenses therein mentioned.
Any compensation payable under this Act by those Commissioners, or either of them, in respect of an improvement of the second class, or of the third class, shall be deemed to be part of the expenses of the management of the Land Revenues of the Crown, and shall be payable by those Commissioners out of such money and in such manner as the last-mentioned expenses are by law payable.
Application of Act to land of Duchy of Lancaster.46.—This Act shall extend and apply to land belonging to Her Majesty, her heirs and successors, in right of the Duchy of Lancaster.
With respect to such land, for the purposes of this Act, the Chancellor for the time being of the Duchy shall represent Her Majesty, her heirs and successors, and shall be deemed to be the landlord.
The amount of any compensation payable under this Act by the Chancellor of the Duchy in respect of an improvement of the first class shall be deemed to be an expense incurred in improvement of land belonging to Her Majesty, her heirs or successors, in right of the Duchy, within section twenty-five of the Act of the fifty-seventh year of King George the Third, chapter ninety-seven, and shall be raised and paid as in that section provided with respect to the expenses therein mentioned.
The amount of any compensation payable under this Act by the Chancellor of the Duchy ​in respect of an improvement of the second class or of the third class shall be paid out of the annual revenues of the Duchy.
The amount of any compensation payable under this Act to the Chancellor of the Duchy, shall be paid into the hands of the Receiver General of the revenues of the Duchy, or of his sufficient deputy or deputies; and receipts shall be given by him or them for the same; and the same shall be applied as purchase money for land sold under The Duchy of Lancaster Lands Act, 1855, is applicable under section two of that Act.
Application of Act to land of Duchy of Cornwall.47.—This Act shall extend and apply to land belonging to the Duchy of Cornwall.
With respect to such land, for the purposes of this Act, such person as the Duke of Cornwall for the time being, or other the personage for the time being entitled to the revenues and possessions of the Duchy of Cornwall, from time to time, by sign manual, warrant, or otherwise, appoints, shall represent the Duke of Cornwall, or other the personage aforesaid, and be deemed to be the landlord, and may do any act or thing under this Act which a landlord is authorised or required to do thereunder.
Any compensation payable under this Act by the Duke of Cornwall, or other the personage aforesaid, in respect of an improvement of the first class, shall be deemed to be payable in respect of an improvement of land within section eight of the Duchy of Cornwall Management Act, 1863, and the amount thereof may be advanced and paid from the money mentioned in that section, subject to the provision therein made for repayment of sums advanced for improvements.
Ecclesiastical and Charity Lands.
Landlord, archbishop or bishop.48.—Where lands are assigned or secured as the endowment of a see, the powers by this Act conferred on a landlord shall not be exercised by the archbishop or bishop, in respect of those lands, except with the previous approval in writing of the Estates Committee of the Ecclesiastical Commissioners for England.
Landlord, incumbent of benefice.49.—Where a landlord is incumbent of an ecclesiastical benefice, the powers by this Act conferred on a landlord shall not be exercised by him in respect of the glebe land or other land belonging to the benefice, except with the previous approval in writing of the Governors of Queen Anne's Bounty (that is, the Governors of the Bounty of Queen Anne for the Augmentation of the Maintenance of the Poor Clergy).
In every such case the Governors of Queen Anne's Bounty may, if they think fit, on behalf of the incumbent, out of any money in their hands, pay to the tenant the amount of compensation due to him under this Act; and thereupon they may, instead of the incumbent, obtain from the county court a charge on the holding, in respect thereof, in favour of themselves.
Every such charge shall be effectual, notwithstanding any change of the incumbent.
The Governors of Queen Anne's Bounty, before granting their approval in any case under this section, shall give notice of the application for their approval to the patron of the benefice (that is, the person, officer, or authority, who, in case the benefice were then vacant, would be entitled to present thereto).
Landlord, charity trustees, &c.50.—The powers by this Act conferred on a landlord shall not be exercised by trustees for ​ecclesiastical or charitable purposes except with the previous approval in writing of the Charity Commissioners for England and Wales.
Notice to quit.
Time of notice to quit.51.—Where a half-year's notice, expiring with a year of tenancy, is by law necessary and sufficient for determination of a tenancy from year to year, a year's notice so expiring shall by virtue of this Act be necessary and sufficient for the same; but nothing in this section shall extend to a case where the tenant is adjudged bankrupt, or has filed a petition for a composition or arrangement with his creditors.
Resumption for Improvements.
Resumption of possession for cottages, &c.52.—Where on a tenancy from year to year a notice to quit is given by the landlord with a view to the use of land for any of the following purposes,—
    The erection of farm labourers' cottages or other houses, with or without gardens;
    The providing of gardens for existing farm labourers' cottages or other houses;
    The allotment for labourers of land for gardens or other purposes;
    The planting of trees;
    The opening or working of any coal, ironstone, limestone, or other mineral, or of a stone quarry, clay, sand, or gravel pit, or the construction of any works or buildings to be used in connexion therewith;
    The obtaining of brick earth, gravel, or sand;
    The making of a watercourse or reservoir;
    The making of any road, tramroad, siding, canal, or basin, or any wharf, pier, or other work connected therewith;
and the notice to quit so states, then it shall, by virtue of this Act, be no objection to the notice that it relates to part only of the holding.
In every such case the provisions of this Act respecting compensation shall apply as on determination of a tenancy in respect of an entire holding.
The tenant shall also be entitled to a proportionate reduction of rent in respect of the land comprised in the notice to quit, and in respect of any depreciation of the value to him of the residue of the holding, caused by the withdrawal of that land from the holding or by the use to be made thereof; and the amount of that reduction shall be ascertained by agreement or settled by a reference under this Act, as in case of compensation (but without appeal).
The tenant shall further be entitled, at any time within twenty-eight days after service of the notice to quit, to serve on the landlord a notice in writing to the effect that he (the tenant) accepts the same as a notice to quit the entire holding, to take effect at the expiration of the then current year of tenancy; and the notice to quit shall have effect accordingly.
Fixtures.
Tenant's property in fixtures, machinery, &c.53.—Where after the commencement of this Act a tenant affixes to his holding any engine, machinery, or other fixture for which he is not under this Act or otherwise entitled to compensation, and which is not so affixed in ​pursuance of some obligation in that behalf or instead of some fixture belonging to the landlord, then such fixture shall be the property of and be removable by the tenant:
    Provided as follows:—
       1. Before the removal of any fixture the tenant shall pay all rent owing by him, and shall perform or satisfy all other his obligations to the landlord in respect of the holding:
       2. In the removal of any fixture the tenant shall not do any avoidable damage to any building or other part of the holding:
       3. Immediately after the removal of any fixture the tenant shall make good all damage occasioned to any building or other part of the holding by the removal:
       4. The tenant shall not remove any fixture without giving one month's previous notice in writing to the landlord of the intention of the tenant to remove it:
       5. At any time before the expiration of the notice of removal, the landlord, by notice in writing given by him to the tenant, may elect to purchase any fixture comprised in the notice of removal, and any fixture thus elected to be purchased shall be left by the tenant and shall become the property of the landlord, who shall pay the tenant the fair value thereof to an incoming tenant of the holding; and any difference as to the value shall be settled by a ​reference under this Act, as in case of compensation (but without appeal):
But nothing in this section shall apply to a steam engine erected by the tenant if, before erecting it, the tenant has not given to the landlord notice in writing of his intention to do so, or if the landlord, by notice in writing given to the tenant, has objected to the erection thereof.
General Application of Act.
No restriction on contract.54.—Nothing in this Act shall prevent a landlord and tenant, or intending landlord and tenant, from entering into and carrying into effect any such agreement as they think fit, or shall interfere with the operation thereof.
Adoption of parts of Act by agreement.55.—A landlord and tenant, whether the landlord is absolute owner of the holding for his own benefit or not, may, in any agreement in writing relating to the holding, adopt by reference any of the provisions of this Act respecting procedure or any other matter, without adopting all the provisions of this Act; and any provision so adopted shall have effect in connexion with the agreement accordingly.
But where, at the time of the making of the agreement, the landlord is not absolute owner of the holding for his own benefit, no charge shall be made on the holding, under this Act, by virtue of the agreement, greater than or different in nature or duration from the charge which might have been made thereon, under this Act, in the absence of the agreement.
Application of Act to future tenancies.56.—This Act shall apply to every contract of tenancy beginning after the ​commencement of this Act, unless, in any case, the landlord and tenant agree in writing, in the contract of tenancy, or otherwise, that this Act, or any part or provision of this Act, shall not apply to the contract; and, in that case, this Act, or the part or provision thereof to which that agreement refers (as the case may be), shall not apply to the contract.
Application of Act to existing tenancies.57.—In any case of a contract of tenancy from year to year or at will, current at the commencement of this Act, this Act shall not apply to the contract, if within two months after the commencement of this Act the landlord or the tenant gives notice in writing to the other to the effect that he (the person giving the notice) desires that the existing contract of tenancy between them shall remain unaffected by this Act; but such a notice shall be revocable by writing; and in the absence of any such notice, or on revocation of every such notice, this Act shall apply to the contract.
In every other case of a contract of tenancy current at the commencement of this Act, this Act shall not apply to the contract.
Exception of non-agricultural and small holdings.58.—Nothing in this Act shall apply to a holding that is not either wholly agricultural or wholly pastoral, or in part agricultural and as to the residue pastoral, or that is of less extent than two acres.
Exception where other compensation.59.—A tenant shall not be entitled to claim compensation under this Act and under any custom of the country or contract in respect of the same work or thing.
General saving of rights.60.—Except as in this Act expressed, nothing in this Act shall take away, abridge, or ​prejudicially affect any 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 improvement, waste, emblements, tillages, away-going crops, fixtures, tax, rate, tithe-rentcharge, rent, or other thing.
GENERAL INDEX.
| | PAGE |
| Act, to what parts it applies | 67 |
| Absence of parties, power of referee in | 77 |
| Award | 78 |
| "costs of | 79 |
| "form of | 52 |
| "notice of | 52 |
| "payment of sum awarded | 79 |
| "time of making | 77 |
| Appeal to County Court | 79 |
| Adoption of entire Act by landlord, yearly tenant, tenant at will, lessor and lessee | 15 |
| "of parts of Act, by landlord, yearly tenant tenant at will, lessor and lessee | 15, 45 |
| Buildings, erection of | 16 |
| Bridges, making of | 16 |
| Boning of land | 21 |
| Consent by landlord to 1st class | 18, 71 |
| """ 2nd class | 22 |
| Commencement of Act | 67 |
| COMPENSATION:— |
| 1st Class, how estimated | 17, 70 |
| 2nd Class "" | 22, 71 |
| 3rd Class "" | 26, 71 |
| Parties agreeing upon | 74 |
| Charge of tenant's | 44, 82 |
| Exceptions to | 25 |
| Recovery of | 43 |
| Chalking of land | 21 |
| Claying of land | 21 |
| Clay burning | 21 ​ |
| Contract, liberty of | 90–91 |
| Claim, notice of | 74 |
| Crown and Duchy lands | 83 |
| Covenant, breach of, by landlord | 37, 73 |
| """ tenant | 39, 73 |
| County Courts, powers of | 76 |
| "" costs of | 81 |
| "" appeal to | 79 |
| Charge on holding for tenant's compensation | 44, 82 |
| "" duration of | 45, 47, 83 |
| "" in favour of company | 83 |
| Custom, as to incoming tenant | 28, 91 |
| Caution to tenant | 23 |
| Cattle fed on holding | 27 |
| Counter-claim by landlord | 38 |
| "notice of, by landlord | 42 |
| Charity and ecclesiastical lands | 86 |
| Duration of charge | 45, 47, 83 |
| Deductions from 3rd Class | 27, 29, 72 |
| "for rent and taxes | 38, 73 |
| "from 1st Class for repairs | 71 |
| Drainage of land | 16 |
| Ecclesiastical and charity lands | 86 |
| EXHAUSTION OF IMPROVEMENTS:— |
| 1st Class | 17, 70 |
| 2nd Class | 22, 71 |
| 3rd Class | 26, 72 |
| Exceptions to compensations | 14, 25 |
| FIRST-CLASS IMPROVEMENT:— |
| Title to | 18, 70 |
| Consent to | 18, 71 |
| Of what consisting | 16, 69 |
| Compensation, how estimated | 18, 69 |
| Title to compensation | 18, 70 |
| Time exhauste | 17, 70 |
| Fixtures | 31, 88 |
| Fences, making of | 16 |
| Forms | 48–56 |
| Guardian, how appointed | 81 |
| Gardens, making of | 16 |
| Hops, planting of | 16 |
| Interpretation of terms used in Act | 67–69 |
| Incoming tenant, custom as to | 28 |
| Landlord, adoption of Act by | 15 |
| "" parts of Act | 15, 45 |
| " consent by, to 1st Class | 18, 71 |
| """ 2nd Class | 22 ​ |
| Landlord, breach of covenant by | 37, 73 |
| "charge of compensation | 44, 82 |
| "counter-claim | 38 |
| "notice to | 21, 23, 71 |
| "notice of counter-claim | 42 |
| "set-off | 73 |
| Liming of land | 21 |
| Married women | 81 |
| Marling of land | 21 |
| Manure purchased | 26 |
| Notice to landlord by tenant | 21, 23, 71 |
| "of award | 52 |
| "of claim | 42, 74 |
| "to quit | 87 |
| "to quit a part | 90 |
| "of counter-claim | 42 |
| "service of | 48 |
| Orchards, planting of | 16 |
| Osier beds, making of | 16 |
| Payment of sum awarded | 79 |
| Pasture, laying down of | 16 |
| Parts of Act, adoption of | 45 |
| Part of holding, notice to quit | 35 |
| Procedure | 42 |
| Powers of referee | 77 |
| Roads, making of | 16 |
| Repairs, deductions for 1st Class | 71 |
| Rent and taxes, deductions for | 73 |
| Referee, how appointed | 74 |
| "powers of | 77 |
| Resumption of part of holding | 34, 87 |
| Repayment for manure | 26 |
| Recovery of compensation | 43 |
| Reclamation of waste land | 16 |
| Rights, general saving of | 25 |
| SECOND-CLASS IMPROVEMENT:— |
| Notice to landlord | 21, 23, 71 |
| Consent when necessary | 22 |
| Title to compensation | 21, 71 |
| Time, when exhausted | 22, 70 |
| Caution to tenant | 23 |
| Compensation, how estimated | 23 |
| Set-off by landlord | 73 |
| Submission to referee | 77 |
| "not to be removed | 79 |
| Service of notice | 48 |
| Small holdings | 91 |
| Sheep, feeding of | 26 ​ |
| THIRD-CLASS IMPROVEMENT:— |
| Exception of compensation | 25, 91 |
| Title to compensation | 25, 70 |
| Time of exhaustion | 26, 70 |
| Amount of compensation | 26, 70 |
| Exclusion of compensation | 27, 72 |
| Claim, how ascertained | 29–30 |
| Taxes and rent, deductions for | 73 |
| Tenancies, future and existing | 13, 90 |
| Umpire, how appointed | 75 |
| Water meadows, making | 16 |
| Water for agricultural purposes | 16 |
| Wasteland | 16 |
| Warping of land | 16 |
This work was published before January 1, 1929, and is in the public domain worldwide because the author died at least 100 years ago.
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