FREE BOOKS

Author's List




PREV.   NEXT  
|<   1224   1225   1226   1227   1228   1229   1230   1231   1232   1233   1234   1235   1236   1237   1238   1239   1240   1241   1242   1243   1244   1245   1246   1247   >>  
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
PREV.   NEXT  
|<   1224   1225   1226   1227   1228   1229   1230   1231   1232   1233   1234   1235   1236   1237   1238   1239   1240   1241   1242   1243   1244   1245   1246   1247   >>  



Top keywords:
tenant
 

landlord

 

lessor

 

notice

 

covenant

 

leases

 

tenements

 

estate

 

writing

 
occupation

possession

 

tenancy

 

stamps

 

assignment

 

verbal

 

frequently

 
consent
 

sometim

 
perpetuity
 

proprietor


freehold
 

agreements

 

burdened

 
underlet
 
Leases
 
parties
 

settled

 

estates

 

enjoyment

 

satisfied


Chancery

 
empowered
 

authorize

 

agriculture

 
complete
 

agreement

 
expressed
 

covenants

 

definite

 

intention


repairing

 
building
 

understood

 

authorized

 

properly

 

receiving

 

adopting

 
failure
 

whereof

 

conclude