——— Part of the
have
then current year
effect
The writing
accordingly
II.
of
—
,
The Tenancy. tenancy
and the notice
243 to quit will
landlord's notice to quit part of the premises
must be
in
III.
2.
tion of
Tenancy.
{k).
Part
Sect.
Determina-
(i).
— Covenants
and
Custom
of
the
Country. Sect.
I.
Implied Covenants.
of the No warranty landlord that the land leased or let is reasonably fit for cultivation (l) as to fitness of land. or that no noxious plants are growing on the demised premises (m).
504. There is no implied covenant or warranty on the part
505. The law implies an undertaking or covenant on the part of an Cultivation in agricultural tenant to cultivate the land in a husbandlike manner, husbandlike manner. unless there is a particular agreement dispensing with that engagement {n) ; and the bare relation of landlord and tenant is a sufficient consideration for the tenant's promise to cultivate the land in a good and husbandlike manner according to the custom of the country (0). Such an undertaking is, however, implied only where the relation of landlord and tenant actually exists, and for that reason neglect by an incumbent to cultivate glebe land in a husbandlike manner does not render him or his executors liable in an action by a succeeding incumbent, though he or they may be liable for leaving the buildings, hedges, and fences in a state of decay (p). Beyond this undertaking there is no implied obligation on the part of a yearly tenant of farming premises to do any particular acts such as to consume on the premises the hay and straw grown or to refrain from doing thereon (r) or to repair generally (q) anything which does not amount to voluntary waste.
506. The landlord of an agricultural holding or any person authorised by him may at all reasonable times enter on the holding, or any part of it, for the purpose of viewing the state of the holding (s). Sect.
2.
Custom of
Sub-Sect.
507. The custom
of the
country
1.
{t)
the Country, Proof.
does not imply an immemorial What
or universal usage, but only the prevalent usage of the neighbourhood (0 Agricultural Holdings Act, 1883 (46 & 47 Vict. c. 61), s. 41. {k) See Moyle v. Jenkins (1881), 8 Q. B. D. 116; Reg. v. Shurmer (1886), 17 Q. B. D. 323.
Hart V. Windsor (1843), 12 M. & W. 68. (w) Erskine v. Adeane (1873), 8 Ch. App. 756. {n) Broiun v. Crump (1815), 1 Marsh. 569. (0) Poiuley V. Walker (1793), 5 Term Eep. 373. (jp) Bird V. ReJjph (1833), 4 B. & Ad. 826; and see title Ecclesiastical {I)
Law, {q)
post.
Horsefall v. Mather (1815), Holt, N. P. C.
Oovgh
7.
Hoivard (1801), Peak. Add. 0. 197. (s) Agricultural Holdings Act, 1900 (63 & 64 Yict. c. 50), s. 5. f) The custom of the country varies not only in each county, but often in (r)
Right of landlord to enter and view.
V.
K 2
is
country
cus-
