landlord's schedule; limit to waste 171 



and to farming expenses, I am strongly of opinion that 

 money is now being paid in rents which, under other 

 circumstances, would have been applied in keeping up 

 the farm, and that, in practice, this is recognised on a 

 large number of estates at the present time, on which it 

 is in evidence that repairs, for which tenants are liable 

 by their agreements, are now being carried out by the 

 landlords. 



Again, what the tenant claims for are specific acts of 

 improvement, while much of the matters raised in the 

 suggested schedule for landlord's claims are matters 

 which may or may not have resulted, not from acts 

 committed by the tenant, but from omissions on the 

 part of the tenant. 



What seems most conclusive of all against this 

 proposal is that the schedules in the case of the tenant 

 are only rendered necessary because improvements must 

 be classified. If tenants were perfectly free to make any 

 improvement of their own motion and get compensation, 

 there would of course be no schedules. But this reason 

 does not hold of the landlord's position. 



The third suggestion, that the present limitation (in 

 section 6 of the Act) of the landlord's claim for waste to 

 the last four years of the tenancy should be further re- 

 stricted to the last two years, is generally supported in 

 the evidence. 



While not endorsing all the considerations already ad- 

 verted to on this point, or adopting the suggestion that 

 a receipt for rent should be held to wipe off possible claims 

 for waste, we may well hold that good farming will be 

 promoted if landlords give timely notice to tenants as to 

 any act or omission which is likely to deteriorate the 

 holding, that the failure to so give notice ought to be 

 held in~general to bar the landlord's claim on the matter 

 in question, that in any case two years is a fair period 

 to fix, and that any damage caused before ought to have 

 been dealt with by the owner at the time. 



Several witnesses who are in favour of doing away 

 with time scales for tenant's improvements, and wish to 

 secure for the tenants a right, unlimited in time, to the 



