Page:Mrs Beeton's Book of Household Management.djvu/2175

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1965
LEGAL MEMORANDA

disposed of, or the charges made were contrary to law, or that the proceeds of sale have not been duly accounted for to the owner, the magistrate may order the distress, if not sold, to be returned to the tenant on payment of the rent; or, if sold, he may order the value thereof, after deducting the rent due, to be paid to the tenant.

And on complaint to a court of summary jurisdiction that wearing apparel, bedding or tools which are exempt from distress, have, in fact, been taken, a summary order for their return or the payment to the tenant of a sum equal to their value may be made.

Notice to Quit.—Where the premises have been let for a definite period, the tenancy terminates at the end of that period without any notice on either side. In other cases it can only be determined by notice. In the absence etnent or local custom to the contrary the length of notice required is as follows :—In the case of a weekly, monthly or quarterly tenancy, a reasonable notice is necessary ; at any rate, a week's, or month's, or quarter's notice, as the case may be, expiring at the end of a week or month, etc., will be sufficient.

Where there is a yearly tenancy, that is to say, a tenancy from year to year, six months' notice, or in the case of an agricultural holding, twelve months' notice, expiring at the time of year at which the tenancy commenced. And it it is agreed that a three months' or other notice shall be sufficient to terminate such tenancy, it must likewise be given so as to expire at a period ponding with that at which it commenced unless otherwise provided.

Where a tenant enters in the middle of a quarter, it may be that it is definitely agreed that the tenancy shall commence at the time of entry; but if such is not the case, and the tenant by agreement pays a proportionate rent for the broken quarter and thenceforward on the usual quarter days, the tenancy will be deemed to commence on the first of such quarter days. So, too, where, the broken period being disregarded, it is expressly provided that the first payment of rent shall be on the quarter day next but one. A tenancy for a year and so on from year to year can only be determined by a six[1] months' notice, expiring at the end of the second or some subsequent year. The notice may be given either verbally or in writing, but having regard to the trouble and difficulty involved in proving a verbal notice it is advisable it be in writing.

Holding over by Tenant after Notice given.—If a tenant holds over after to leave given by himself, he is liable for double rent; and if a tenant from year to year or for a term of years wilfully[2] holds over after the expiration of his term, and a written demand for possession has been given by the landlord, he is liable for double the actual rental value of the premises. Where the tenancy is terminated by a notice to quit from the landlord, the notice to quit is in itself a sufficient demand for possession. Such double value is recoverable by action as a debt, and such double rent is recoverable either by action or by distress leviable as in the case of ordinary rent. Though a tennnant who has underlet is responsible for the holding over by his sub-tenant, he is not liable for double value in such cases, unless the holding over be shown to have been with his assent or authority.

Recovery of the Premises.

Where the tenancy ends or is determined by notice to quit. If the tenant refuse to deliver up possession, the landlord's remedy is to bring an action of ejectment in the High Court, except where the annual value or the rent of the premises does not exceed £100, in which case his remedy is to proceed in the County Court either by an action of ejectment or by an action for the recovery of possession, the latter being a more summary method and applicable to small holdings. And in the case of a holding at a rental not exceed-

  1. In the case of an agricultural holding, twelve months.
  2. That is to say, not by mistake or under any reasonable claim of right.