TEN 



192 



T 1 



the purpose of gathering them, ami a is and 



stables for tin- purpose of threshing and conveying them 

 away. The in-coming tenant may also enter during the 

 tcmiiicv of the preceding tenant to'plough and prepare the 

 land. 



An action for the recovery of rout may. rfthe land is let 

 by !i-:i-r \niiler seal, be in debt for the amount, or in 

 uiint for the damages incurred by tlie non-payment of it. 

 If there is no indent ure. the action may lie in debt on the 

 simple eontruct. or in assumpsit for the use and occupation 

 of tl\e hind. 



If the tenant refuses to deliver the possession of the 

 land, the landlord may bring an action of ejectment to 

 . er it. Hy -1 Ueo.'lL. c. 2X, which was passed with a 

 view to remove the difficulties existing undi-r the common 

 law as to the necessity t'.ir a formal entry. K.e. by the land- 

 lord, it i.s enacted that where there is half a year's rent in 

 nrrear, no snflic. -s on the premises, and the land- 



lord to whom the same is due has a risrht of re-entry, he 

 may, without any formal demand or re-entry. sen e a de- 

 claration in ejectment, which shall stand in place of the 

 feme. 



Hy the 11 Geo. II., c. 19, and 57 Geo. III., c. f>2. if a 

 tenant, under any lease or agreement, written or \ 

 though without a clause of re-entry, of lands at a rack-rent, 

 or rent of three-fourths the yearly value, shall he in arrcar 

 for half a year's rent, and shall leave the premises deserted 

 and without sufficient distress, any two justices of the 

 county, at the request of the landlord, may go and \ievv 

 the premises, and fix on the most conspicuous part ot 

 them notice in writing on what day. distant foiuteen days 

 at least, they will return again to view the premises : and 

 if on the second day no one appears to pay the rent, anil 

 there is no sufficient distress on the premises, the justices 

 may put the landlord into possession, and the lease slial 

 become void. These proceedings are subject to appeal 

 before the judges of assize for the same county at the cn- 

 sninsr assizes. 



Hy 1 & 2 Vic., c. 74, where the interest of any tenant 

 of land, &c. at will, or for a time less than seven year- 

 liable to the payment either of no rent or a rent of less 

 than 20.'. a year, shall have ended or been duly determined 

 and the tenant shall refuse to quit, the landlord may ser\i 

 him with a notice, a form for which is given in the act, to 

 appear before a justice for the county ; and if he fails U 

 show satisfactory cause why he should not give up ; 

 won, the justices, on proof of the tenancy and of the e\ 

 piration of it, may give possession to the landlord. If Hit 

 landlord was not at the time of the proceedings lawful!) 

 entn in. he will be liable to an action o 



trespass at the suit of the tenant, notwithstanding the ac 

 t f parliament. 



WoodtaH's Limll',rd and Tenant ; Coote's Landlord 

 unit Ti-ntinl.: 



TFAA.NT AT WILL, AND FROM YEAH TO 

 YEAK. -Tenancy at will.' says Littleton, s. (is. 'i 

 where lands or tenements are let by one man to anothe 

 to have and to hold to him at the will of the lessor, lv 

 force of which lease the ion. In thi 



case the lessee is called tenant at will because lie hath no 

 certain or sure estate ; for the lessor may put him out at 

 what time it please) h him.' 



An estate at will may arise by implication, as well as by 

 express word*. Thus, wl: at for years continues 



in possession after the cvphation of his term, and pavs rent 

 an before, the payment and acceptance of rent constitute 

 a tenancy at will. So, where a man enters uiidei an agree- 

 ment for a lease ora contract for the purchase of an estate, 

 he must be considered at law as the tenant at will of the 

 . the legal title. (10 Vin., Ab., 400; IB. 

 and (,'., -US: :i Camp., s. 



Where a mortgagor continues in possession of his land 

 with the consent ol the mortgagee, alter default in pay- 

 ment of principal and interest at the time stipulated in 

 lile i Seed, he is tenant at will. So also, where 



the legal estate invested in a trustee. I lie beneficial owner. 



>/. it he be in possession, isi-otisi.: 



law a tenant at will under the trustee. (Cruise, Digest, 

 tit. i), c. I. 



A tenant at will having no certain estate, has nothing 

 which he can giant to another, and a person entering 

 under a grant from a tenant at will is subject to an action 

 of trespass. 'C j. Liu ., 57 a.) 



A tenant at will has no right to commit any kind of 

 but, on the other hand, he is not liable to repair or 

 I houses, vVc., and then is no remedy 



against him for perm , a ; 5 



/... i:i h.) 

 A tenancy at will may he determined cither by e\ 



.lion of the lessor that the U-iiant shall hold no 

 oncer, which must be made on the land, or notice given 

 if it to the Ics-ec (Co. Lilt.. .V> b. . or 

 iwnership exercised by the landlord inconsistent with the 

 continuance of the estate, such as entering on the land 

 ind cutting down trees demised, making a leotiiucnt. 

 lease for years to commence immediately. On the p:. 

 the tenant, any act of desertion, an assignment 01 

 land to another, or the commission of v .luna- 



tion of his estate. A les ,,ir determining the tenant-) ! 

 the rent is due loses the rent ; and on the other hand, the 



'A ho determines it before the rent is due inns! 

 withstanding pay it up to that time. If either paity die, 

 the tenancy, if it be of a house, continues till the next 

 rent -day; and if of land, until the summer profit - 

 received by the tenant or his rcpresentatr. Lilt., 



55 b. 57 a.) 



Where a tenancy at will is determined by the 1< 

 the tenant is entitled to emblemcnts: but not if it be 

 determined by the tenant himself. (Litt., $08; 5 AVy.., 

 116.) 



It is settled that a landlord cannot hi in. -inent 



against the tenant at will or his representatives without 

 giving six months' notice to quit. (Cruise, tit. '.), c. i., } 

 15.) 



The courts are always inclined to construe demi 

 r.o certain term is mentioned, not as estates at will, i 

 tenancies from year to year: and the circumstance of an 

 annual rent being reserved has been considered sufficient 

 to warrant this construction. (2 Hhu-kst., 1171.) "Where 

 a remainder-man receives rent from a tenant under a lease 

 for vcars which is void as against him. before elcctit 

 avoid it, a 'enancy from year to year is cieated. 

 It., -178.) Also where an agreement tor a lease for mine 

 than three \ears is made byparol, and is therefore void by 

 the Statute of Frauds, there is a tenancy from v car to year 

 regulated by the terms of the agreement. ("> T. I'., -171.1 

 A tenancy from year to year, when once constituted, is 

 binding not only upon the rcvcisiom-r, but his assignee 

 (1 T. li.. :i~S), and does not cease upon the death of 

 the tenant, but goes to his executors or administrators. 

 Ct T. /i., 13; 15 Ves., 241.) The tenant is entitled to 

 six months' notice lo quit, ending at the expiration of 

 the year, and thus a new year is continually added to the 

 term as often as the half year's pre\ious notice is omitted 

 to be given at the proper time. ('.\ li. and ('., i 



A tenant at will is capable of taking a release of the in- 

 heritance after he lias entered, but : ot be 

 the foundation of a remainder. (Litt., iii.. -Kk) ; H Co.. 



TENANT A? SUFFKRAM'K. says Lord Coke, -is 



lie that at first came ia by lawful demise, and alter his 

 estate endcth coutimicth "in possession, ami wrongfully 

 holdelh over.' Tim- a tenant pur nut re r/'c. continuing 

 in possession after the death of IT^/IU'I/II,' nr. a tenant 

 for years holding alter the expiration of his term, and a 

 person who. ha\ing been tenant at will, continues in 



after the death ol the It-s.sor, are all tenants by suf- 

 ferance. 



A- the tenant at sufferance holds only by the lad 

 the owner, there is no privity of estate between them, and 

 then-lore the tenant at sufferance is not capable of taking 

 a release ol the inheritance. (Litt., -lf0.) On the same 

 ground it was held that tenants at MiflVrnnci 

 bound to pay any rent : but by the -1 (no. 11.. C. '>>, 1. it is 

 enacted that ' where any tenant holds over after demand 

 made and notice in writing given for delivering the | 

 sion. such persons so holding over shall pay double the 

 value of the lands so detained, lor so long a time as 

 the same are detained ; to lie recovered by action of debt, 

 against the. recovering of which penally there shall be no 

 relief in equity.' Hy the II (!eo. II., c. 111. IS, a similar 

 penalty is imposed On tenants giving notice to quit and 

 afterwards holding over. And by the 1 fu-o. IV., c. K7, 



- piuvisions are made for cm.bll.ig land!, 

 speedily to recover possession of lauds and tenements un 

 lawfully held over by tenants. 



