Page:Agricultural Holdings Act.djvu/43

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.

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REMARKS.

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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