The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1881-10-08 00:00:00

RE-LETTING.

12. Where a landlord or a tenant does not give a
notice in writing two years before the expiration of a
term to the tenant or landlord respectively that such
I.andlord or tenant declines to renew the contract of
tenancy, it shall be deemed that the landlord and
tenant agree to renew the existing contract of
tenancy for the same term, at the same rent, and on
the same conditions as in the existing contract of
tenancy.
_ _ _

Where a tenant holds from year to year or at will
the tenancy shall not be determined, except by a
notice in writir.g by the landlord to the tenant or by
the tenant to the landlord two years, at least, before
the time specified in such notice for the determination
of the tenancy.

13. When a landlord and tenant are willing to re-
new the contract of tenancy and the landlord demands
an increased rent, then, if the parties fail to agree,
either party may apply to the Court to determine the
difference between them. The Court shall not sanc-
tion an increase of rent unless it is proved that the
value of the holding has increased from other causes
than the improvements made by the tenant, and shall
determine the amount, if any, of such increase.

RECOVERY OF RENT.
14. No landlord shall levy or cause to be levied any
distress for rent in respect of any holding.
15. When any tenant neglects or refuses to pay any
instalment of rent after it has become due, the land-
lord may apply to the Judge of the County Court of
the district where the land or the greater part thereof
is situate, and such Judge may order the tenant to pay
such rent, and such order shall be enforced in the same
manner as an order made by the Judge of a County
Court for the payment of a debt. and the Judge may,
in addition to such order, make an order that the
contract of tenancy be determined, and that the
tenant give up possession of his holding at such time
as the Judge may order.

CONSTITUTION AND JURISDICTION OF THE COURT.
16. The Court shall consist of the Judge of the
County Court of the district in which the holding or
the greater part thereof is situate' and of two assessors.
The judgment of the Court shall be pronounced by the
Judge, but the decision of the Court shall be deter-
mined by the majority. Every such decision shall be
final and without appeal.
17. Every Board of Guardians for any union in
which there is a holding shall, at the first or any sub-
sequent meeting in the month of December each year,
but not later than the 27th day of December, nomi-
nate six persons, who shall be eligible to act as
assessors to the Judge of the County Court in the
district of which the Board of Guardians hold its
meetings. The clerk of the Board of Guardians
shall send a notice in writing of the names and ad-
dresses of the persons nominated to the registrar of the
County Court for such district not later than the 30th
day of December in each year. The first nomination
shall be made by each Board of Guardians as soon as
may be after the passing ~f this Act, and the persons
so nominated shall be eligible to act as assessors until
the 31st day of December in the then current year.
The registrar of each County Court, on receiving
notice .of the nomination of persons by the several
Boards of Guardians in the County Court district,
shall arrange the names of the persons so nominated
ill an alphabetical order in one list. The persons so
nominated shall be eligible to act as assessors for
one year from the 31st day of December after they
are appointed until the 31st dAy of December in the
year following'. The registrar of the County Court
shall, not later than eight days before. the Court sits,
sunnnon two persons from the lists aforesaid, as nearly
as may be in the order of rotation, and such two
persons shall, along with the Judge of the County
Court, hear and determine all such matters in dispute
between landlord and tenant as may be brought before
the Court. No person shall act as assessor in any
dispute relating to the estate of which he is a tenant
or landlord's agent.

18. Every matter of difference or dispute between a
landlord and tenant in respect of or arising out of
any contract of tenancy, except any question as to the
validity of such a contract, shall be heard and deter-
mined by the Court; and the jurisdiction of every
Court of law or equity in respect of such matters
shall henceforth cease; provided that this shall not
apply to any action or other legal proceedings actually
commenced at the passing of this Act.
_

19. Subject to the provisions of this Act, her
Majesty may at any time, by and with the advice of
the Lord Chancellor, cause to be prepared rules pro-
viding as follows :—For the regulations and sittings of
the Court ; for the payment of the asvesors ; for the
regu'ation of any matters relating to the practice and
procedure of the Court, or to the duties of the officers
thereof, or to the costs of proceedings therein.
20. Where by this Act the Court is empowered to
grant an injunction' it shall be lawful for the Judge
of the County Court, without any assessots, whether
sitting within the district of any of his Courts or not,
upon any application by the landlord, to grant an

interim injunction upon such terms as he shall think
fit.

11fIBCELLANEOIIS.

21. Upon any application to the Court in respect of
any alleged breach of contract or covenant by a tenant,
the Court shall assess the damages, if any, with refer-
ence solely to the extent to which the acts or defaults
complained of have lessened the letting value of the
holding..

22. The landlord may apply at any time during the
currency of a term to the Court, and the Court shall
have power to grant an injunction to restrain the
tenant from doing any acts which, in the opinion of
the Court, would be injurious to the holding or to the
estate of the landlord.

23. Where by any contract of tenancy it is stipu-
lated that the contract shall cease or determine or that
the landlord shall have a right to re-enter on the com-
mission by the tenant of any breach of agreement or
covenant, such contract shall not thereby be deter-
mined; but the landlord may apply to the Court in
respect of such breach of agreement or covenant, and
the Court shall have power in its discretion to grant
relief by way of damages or injunction or by an order
for specific performance or by an order that the con-
tract of tenancy be determined.

24. Every tenant shall be entitled to assign his
tenancy to any one person having sufficient means to
cultivate the holding, provided that the landlord may
elect to determine the tenancy and to pay compensa-
tion in the manner provided by this Act to an out-
going tenant,

25. Every tenant of a holding may bequeath his
tenancy. When the tenant has bequeathed his hold-
ing to one person, and the personal representatives of
the tenant have assented to the bequest, such person
shall be the tenant of the holding for the residue of
the term of the deceased tenant.

When a tenant has bequeathed his tenancy to more
than one person, or dies iutestate, then, if his personal
representatives give notice to the landlord nominating
some one of the legatees or persons entitled under the
statutes of distribution to his personal estate to
succeed to the tenancy, such person shall be the tenant
of the holding for the residue of the term of the
deceased tenant, and in default of such notice the
landlord may give notice to the personal representa-
tives to determine the tenancy, and in this case one
year's notice shall be sufficient.

When the tenant of a tenancy dies intestate, and
without leaving any persons entitled to his personal
estate, or any part thereof, the tenancy shall be deter-
mined by the death of the tenant, but the amount of
compensation, if any, due to the deceased tenant for
improvements, shall be liable to the debts and liabili-
ties of the deceased tenant.