T E N 



190 



TEN 



The word land is here used in its comprehanBT6 legal sense, 



which means not only the actual land itself, but .il-o all 



things, such us buildings, woods, and water, v\ ' 



upon it. An} tint who ha.s an estate in Iniul. 



is also in posses- t the land to another. T! 



meter and duru; 



tlu 1 natnii ol the 1< 



partly by tin' contract of lettinir. Thus uni 1 whu is tin 1 



ouncrol laiiil in fee simple iiiiiy !! the land for any limited 



period, while imr who hokls only fur lift- ciiiinot let for any 



longw period than the life upon which his eslu 1 



unless he has a special \> .nit leases ; an<l if he 



should let for any longer perio< 'eiiant 



will cease on the expiration of the life. To constitute the 



relation of landlord and tenant, the period for whirh the 



land is let must be shorter than that during which the 



land is held In the lessor, so that, the lessor may 



>ion. If be part* with his an a.-.- 



signor, not a lessor. Where the lev place by an 



express contract between the parties, the contract is called 

 a lease. [LEASE.] A lease may be made by deed, by 

 writing without deed, or by a mere verbal agreement, liy 

 the 2it l_'h. 11., c. 3, s. 1, all !< In land, 



N-c. not put into writing, and signed by the pai ' 

 making or creating the same, or their agents thereunto 

 verbally authorized or by writing, shall have the force and 

 eli'ect of leases or estates at will only, and shall not either 

 in law or equity be deemed or taken to have any other or 

 greater force or effect. &c. The second section of this 

 makes an exception in favour of 'all leases not ex- 

 ceeding the term of three years from the makinc thereof, 

 whereupon the rent reserved to the landlord dining Mich 

 term shall amount unto two third parts at least of the full 

 improved value of the thing demised.' Under the con- 

 struction which this statute has received, an unwritten 

 lease for a longer period than three years will < i 

 tenancy from Near to year, and the terms as to rent, &c. 

 upon which the tenant holds will be those which are 

 . d upon in the unwritten lease. The loss of a lease 

 will not destroy the tenancy, provided the previous exist- 

 ence and the tenns of it can be pro\ed. 



But the relation of landlord and tenant may be created 

 otherwise than by a formal lease. If one man with the 

 nt of another occupies his land, a contract of letting 

 timed to have been made between them, and ' 

 cupier becomes tenant to the owner. Formerly Mich 

 tenants were called tenants at will, and miirlit ha\ 

 turned out at any time by the landlord ; but now a more 

 convenient and reasonable construction of their o 

 lion prevails, and they are considered to be upon 1h: 

 fooling as if the lands had been let to them for a year 

 dating from the commencement of their occupation. At 

 the end of the first year, a second year's tenancy begins, 

 unless six months' notice of the intention to determine the 

 contract has been given by cither party to the other, and 

 soon from year to yeajr. The same com! ruction 

 plied to cases where a tenant continues to occuj 

 after the expiration of a lease made by deed ; but in this 

 cue all the covenants of the expired lease as to payment 

 of rent, repairs, insmancc, and the like are hi 



unless the leaM -iroying th' 



and e\en it there should be, a a dif- 



ferent rent, still the old c '.unless thi 



is cancelled. If a party who has the p<. t a-idc 



an existing lease chooses to receive nut under it, he will 

 be held to II;IM , it : and c\cn where 



delcnnim . 



longer period than he was entitled in ciaM on. 

 conie lll>on his death ; jet if Ih 

 ioner has allov to la} out monc\ mi 



raises, he will be prevented by a court of equity I win 

 disputing the lease. 



Besides tenancies for fiv .a tenancy may exist 



i ami by SiittiTancc. ['I ff.fl \vr 



AT Si'KFKKANCK.] A tciiiuit ut will cnimut lawfully be 



..ossession, nor can the limdloid succeed in 



etmeiit airaiiisl bun, till :n uid to 



quit lui- been MIII.|>' upon liim by bis landlonl : but a tenant 



Dy utterance maybe turned out by an action of ejectment 



without : I. A master may let land to b 



vant, mitwhrro the MTVant is allowed by the in:ister to 



oeciii ..-uring to him for Hie mere pmposeof 



more conveniently pertbrming liis duties as sen ant. or as 



in part or total payment of wnge*. 



..lered 



to be in Ihe occu]>ation of Ih. 



landlords and tenants irenemlly applies also, so fur a.- 

 -.aiiid by the ]>articulitr circuit' 



-. to the cane of the letter* 



the relation of landlord and tenant 



either by express or by implied contract, certain 



terms are implied by law to have been agreed upon by the 



itract. It is of eou: 

 .-.here the contra. ss, to 



implied by Ihe language o 

 Hut it ma;, 



comprehensive in their nature. 

 in Jaw, the interests of par 

 by leaving them to the ireneial protect! 



Mils than by attempts to dctr 



meration in detail the resp, ; the 



landlord and tenant. The terms implied on II 

 the landlord are, that the tenant shall (juicth 

 premises ; on the part of the tenant, that he vi': 

 Keep the premises in repair to a certain here- 



after mentioned, and use the land. Kic. in a fair and hus- 

 bandlike manner. 



As a general rule it may be laid down that the tenant is 

 not entitled to set otf against his rent, di ! n the 



landlord to him; hi:' ptions. When 



the landlord is himself tenant of the prcmi- 

 landloid, and neglects to pay bis rent, and the 



' is called upon to pa} it to th, ; .upeiior la-idli. 

 may do so, and set it off airainst the rent due from him to 

 his own landlord. Payments also made b\ ;ndcr 



the land-lax ac! ;38Geo. III. may be set off against (1. 

 due to his landlord. AVhen a landlord is bound to n 

 and the tenant, in order to prevent further dilapida 

 himself, expends money on the repairs, or the lamllo 

 undertaken to icpax the tenant the amount r: 



kc. paid in the first instance by him, the I. 

 may set off. If a tenant has covenanted without 

 or reservation to pay rent during Ihe term for which the 

 lease has been granted to him, he will be bound to 

 e\eu although the (.'remises should be entire!} 

 by fire or other carnally: ami liould 



have assigned his Icn-i- to another and ceased to be in 

 possession, he will still remain liable under In- 

 to pay rent. But the paHy to whom he ::ed it 

 will, as a general rule, remain liable for rent to the original 

 landlord only so long as he continues in the possession of 

 the premises. 



Generally, the tenant is bound to repair the prcr 

 Repairs have been divided into 1\vo Ki Mntial 



repaii-s and ordinary repairs. Tlie di\ ars a 



'imple one, but great difficulty often 

 e in di-tcuni;iing to which land any particula: 

 ol repair belongs. Ti is are 



said to be liable for .substantial icj 



nant.s from ycai 

 ordini 



, no case, unless undi 

 :icnt to 11. .-lion for ni 



i for not rebuil' l.een 



a total destruction of tlu But in the c 



short t if the landlord should not rebuild . 



| . the tenant would be jus- 



tilied in (jiiittint; the jiremises and would i liable 



for rent. It has In en already observed ilia' 'iidcr 



a lease which coi to repair, 'hug 



rent alter the expiration of hi 

 ii-nant, will still be liable to rep:. ir in the 

 manner provided loi 



: and if li. ,ieh a 



liability, lie should guard 

 ment. In the ciuse : 

 has be. n b\ the | . 



ol the lease will be looked to 

 minitur what are the duties and i 



\.i tenant, in th .neiit 



to thiit d to rebuild al'ler accident: 



linn of the premises by tire. But i: 

 nant to ritpair, and /'- ( '. the tci -id to 



rebuild even in the case of destruction by file. Cove- 



