ACTION FOR HOLDING OVER. 451 



&c., till a day named, is a term which may be made incident to a tenancy 

 from year to year {Hyatt v. Griffiths). 



It was decided in Thomas v. Packer that a p'oviso in a tease for re- 

 entry on nonjxujmcnt of rent, is a condition which attaches to a yearly 

 tenancy created by the tenant holding over and paying rent after the 

 expiration of the lease. In Dighy v. Atkinson it was held that a covenant 

 to insure was applicable to a new yearly holding. And in Doe clem. 

 Thomson v. Amey, it was held that where a party is let into possession, 

 and pays rent under an agreement for a future lease, which is to contain 

 a covenant against taking successive crops of corn, and a condition of 

 re-entry for breach of covenant, he thereby becomes a yearly tenant sub- 

 ject to that condition. And a right of re-entry for hreach of covenant in 

 a lease is waived hy the lessor bringing an action for rent accrued due 

 subsequent to the breach {Bendy v. Nichott). 



The Court of Common Pleas have held in Bramtey (appel.) v. Ches- 

 terton (resp.) that if a landtord, after giving a yearty tenant notice to 

 quit at the end of his year, afterwards agrees to tet the premises to A. 

 from the end of the year, and informs the tenant he has done so, who 

 nevertheless holds on the premises for another quarter, and is ejected, 

 the landlord is not prevented by the receipt of rent from the tenant 

 for such extra quarter from bringing an action against him for the 

 damages occasioned by his holding over, and may recover in that 

 action as damages the amount of the ordinary damages which he has 

 had to pay in an action brought against him by A. for not giving 

 him possession at the time agreed on, and also the costs of such 

 action. 



Where A. demised to B. certain lands and premises for one year 

 certain, and then from year to year, so long as the parties should think 

 proper, with power to determine it on giving notice to quit, and the 

 lease contained various terms and conditions as to the management 

 of the land and repairing the buildings, and on the lessee's death his 

 executors entered into the occupation of the premises, and continued 

 to occupy and paid rent, the latter were held to be chargeable in their 

 personal character upon the terms contained in the original demise, 

 their continuing to occupy, and the landlord's abstaining from giving 

 notice to qnit, raising an implied promise on their parts to abide by the 

 terms of the original contract {Buckirorth v. Simjjson). And^;er Parke 

 B. : "7/" the tenant assigns, and the landlord do not give notice to 

 quit, the assignee must be taken to hold on the same terms. That 

 contract the law will imply ; otherwise the consequence would be that 

 np action could be brought on the original demise when there is an' 

 occupation from year to year, and the tenant assigns, for there is no 



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