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841. A
tenant from year to year gave his landlord notice to quit, ending the
tenancy at a time within the half-year; the landlord acquiesced at
first, but afterwards refused to accept the notice. The tenant quitted
the premises; the landlord entered, and even made some repairs, but it
was afterwards held that the tenancy was not determined. A notice to
quit must be such as the tenant may safely act on at the time of
receiving it; therefore it can only be given by an agent properly
authorized at the time, and cannot be made good by the landlord adopting
it afterwards. An unqualified notice, given at the proper time, should
conclude with "On failure whereof, I shall require you to pay me double
the former rent for so long as you retain possession."
2702. LEASES.--A lease is an instrument in writing, by which one person
grants to another the occupation and use of lands or tenements for a
term of years for a consideration, the lessor granting the lease, and
the lessee accepting it with all its conditions. A lessor may grant the
lease for any term less than his own interest. A tenant for life in an
estate can only grant a lease for his own life. A tenant for life,
having power to grant a lease, should grant it only in the terms of the
power, otherwise the lease is void, and his estate may be made to pay
heavy penalties under the covenant, usually the only one onerous on the
lessor, for quiet enjoyment. The proprietor of a freehold--that is, of
the possession in perpetuity of lands or tenements--may grant a lease
for 999 years, for 99 years, or for 3 years. In the latter case, the
lease may be either verbal or in writing, no particular form and no
stamps being necessary, except the usual stamp on agreements; so long as
the intention of the parties is clearly expressed, and the covenants
definite, and well understood by each party, the agreement is complete,
and the law satisfied. In the case of settled estates, the court of
Chancery is empowered to authorize leases under the 19 & 20 Vict. c.
120, and 21 & 22 Vict. c. 77, as follows:--
21 years for agriculture or occupation.
40 years for water-power.
99 years for building-leases.
60 years for repairing-leases.
2703. A lessor may also grant an under-lease for a term less than his
own: to grant the whole of his term would be an assignment. Leases are
frequently burdened with a covenant not to underlet without the consent
of the landlord: this is a covenant sometim
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