

  This out of copyright material has been transcribed by Colin Hinson,
  who has provided the transcription to the UK & Ireland Genealogical
  Information Service on condition that any further copying and
  distribution of the transcription is allowed only for non-commercial
  purposes, and includes this statement in its entirety. This material
  was taken from the "History, Directory & Gazetteer, of the County of
  York, by Edward Baines (1823), and any references to, or quotations
  from this material, should at least give credit to the original author.


                         LANDLORDS AND TENANTS.

   The laws regarding Landlords and tenants, like almost every other
branch of our civil code are very voluminous, but their leading features
may be condensed into a narrow compass. In all contracts between a
landlord or tenant the spirit of the agreement is, that the former shall
give to the latter quiet enjoyment of his premises, in return for which
the tenant agrees to pay a stipulated rent, at such periods as shall be
agreed upon by the parties. 

   When the rent becomes due, it is indispensable, before the landlord
can re-enter the premises, that he should demand the rent from the
tenant, unless the necessity for such demand has been waived by express
agreement, and unless, by statute 4, Geo. II. cap. 28 sec. 2, where six
months rent is in arrears, and there is not sufficient property on the
premises. The legal remedy for arrears of rent is a distress, and a
distress is itself a demand, but on the rent being tendered, the distress
must be withdrawn, and the tenant may remain in possession.  Rent is
demandable and payable at any time before sun-set, on the day on which
it is made payable, so that there be light enough for the landlord to
count it by.  A tender of rent should be at the time and place where it
is made payable, and in the current coin of the kingdom; but it has been
determined that a tender in bank of England notes is good, by statute 52
Geo. III. If no particular place is mentioned in the lease contract where
rent is to be paid, it must be tendered on the land or in the house or
room for which it issued. By the act of 3O Geo. II. c. 2, sec. 15,
tenants are required to pay such sums of money as may he rated on the
premises, and to deduct an much of the same out of their rents as the
landlord ought to have paid, so that the land-tax receipts may now 
be tendered as part payment of rent. A landlord accepting the last
quarter or half year's rent where there are former arrears, precludes
himself from demanding the arrears; and it is held that no proof will be
admitted to shew that they are unpaid.  --Acceptance of single rent is a
waiver of double rent, by statute 4 Geo. II. c. 28.  If a tenant holding
under two tenants in common pay the whole rent to one, after notice from
the other not to pay it, the other tenant in common may distrain for his
share.  By the statute 8 Ann, c. 14, no goods upon any tenement can be
taken in execution, until the party at whose suit the execution is sued
out shall, before the goods are removed, pay to the landlord of the
premises one years rent, or as much rent as is due, not exceeding one
year.  Rent in arrears may be recovered, 1st by action at law; 2nd, by
distress on the premises; and 3rd, by ejectment.

   A tenant from year to year is entitled to half a year's notice, which
must expire at the same time of the year as that on which the tenancy
commenced -if a house or land be taken from Midsummer to Midsummer, the
notice to quit must be given at Christmas, so as to expire at the next Mid.
summer. By the 4 Geo. II. c. 28, if any tenant for life or years shall
wilfully hold premises after the termination of the term, and after demand
made, and notice by writing given for delivering the possession thereof, he
shall, for the tern of such detention, pay after the rate of double the
yearly value thereof. In order to charge a tenant with double rent, under
this act, notice must be given to him to quit at the expiration of his
term; but the tenant may be ejected at the end of his lease, without any
previous notice to quit, as he cannot but be apprized of the expiration
of the term. A parole notice to quit by a tenant on a parole lease, is
good notice within the meaning of the statute.

   With respect to lodgings, if they are taken for a less term than a
year certain, any reasonable notice to quit is sufficient. What is
considered a reasonable notice depends in some degree upon the nature of
the tenure. In London, if no particular notice is mentioned, it is
generally understood that a week's notice shall be given if the
apartments be taken by the week; and a month's notice if taken by the
month, but if taken for a week or a month, or any other time certain, no
notice is expected or required, it being necessarily implied that when
the period for which they were taken arrives, the tenant is to depart,
unless he enters into some fresh agreement.

   Where a notice is required by law to be given either to a landlord or
a tenant it is generally sufficient to leave it at the dwelling house of
the person on whom it is served.

   If a lessor covenant to repair a house, but do not, the lessee may do
it, and with-hold as much of the rent as will pay himself. Where a house
is blown down by a tempest the law excuses the lessee, unless there is a
covenant to repair and uphold.  If a lessee covenant to pay rent, and to
repair, with express exception of casualties by fire, he is liable upon
the covenant for rent, though the premises are burnt down, and not
rebuilt by the lessor, after notice. Removing wainscots, floors, windows,
and other things once fixed to the freehold of a house, is a waste, and
punishable accordingly.  The fixtures put up by a tenant may be removed;
and vats, coppers, tables, partitions, &c. for the convenience of trade,
if purchased or fixed by the tenant, may also be removed by him; but it
must be before the expiration of his term.

   In taking a house on lease, it is necessary that a tenant should
carefully examine the covenants in the original lease, and those in the
under lease, if any; or he may possibly discover, when too late, that he
is tied down by such restrictions, as to render the premises unfit for
his purpose, or likely to involve him in difficulties.  He should see
that the rent reserved in the original lease and all taxes are paid up to
the time he commences possession: for if they are not he must pay the
arrears, and can only recover them by having recourse to the last tenant. 
Equal caution is necessary in taking unfurnished lodgings, for if the
rent of the house be in arrears, either then or at any subsequent period,
the furniture of the lodger, being upon the premises, will be liable to
be seized.

   A covenant to repair and deliver up premises at the end of a term
extends to erections made during the demise, as well as to those in being
at the time when the contract was made.  Where a tenant covenants to keep
a house in repair, and leaves it in as good condition as he found it, he
is not answerable for the natural and inevitable decay on the premises;
and though the tenant in covenant to keep in repair and yet suffers them
to go to decay, still no action will lie till the end of the term,
because he may repair before his term expires.

   An action will lie against a tenant for not using the land he rents in
a husbandlike manner, even though there is no covenant to that effect. 
In a covenant to use land in a husbandlike manner, the tenant is to use
on the land all the manure made there; except that, when his time is out,
he may carry away such corn and straw as he may not have used, and is not
obliged to bring back the manure produced by it. In equity, a tenant may
be restrained from converting pasture into arable land, though there is
no express covenant against it.  He may also be restrained from breaking
up ancient meadow.

   The assignment of a lease must he by deed or note in writing, signed
by the party assigning. It is not necessary to be scaled or delivered,
but it must be stamped. -Executors and administrators are assignees in
law, and are therefore liable to perform all such covenant of their
testators or intestates, being lessees, as runs with the land, though the
deceased covenanted for himself and assigns only, and not for his
executors and administrators.

------------------------- End of transcription----------------------------

[NB: The text above has been reformatted by Rosemary Lockie, 2 May 1996,
to make it more convenient for printing and/or viewing onscreen
as plain text.

No other textual changes were made.  This text is made available on
FidoNet with Colin's permission]
