MEANING OF PREMISES. 463 



authorit}', to elect to purchase the matters and things so proposed to be 

 removed, or any of them, and the right to remove the same shall thereby 

 cease, and the same shall belong to tiie landlord, and the value thereof 

 shall be ascertained and determined by two referees, one to be chosen 

 by each party, or by an umpire to be named by such referees, and shall 

 be paid or allowed in account by the landlord wlio shall have so elected 

 to purchase the same. 



Contract for quiet enjoijmmt. — Tt was held by the Court of Queen's. 

 Bench in Hall v. Cilij of London Brewery Company (limited) confirming 

 Bandy v. Cartwriyht (8 Ex. 913, 22 L. J. (N. S.) Ex. 285), that there 

 is a contract for quiet enjoyment implied in a demise of tenement, but 

 not for good title. A similar promise is not implied in an agreement to 

 give a lease containing such covenant, and further act must be done 

 before the promise arises {Brashier v. Jackson). 



Implied ayreement for quiet enjoyment. — On a parol tenancy from year 

 to year, it was held by the Queen's Bench that there is no implied 

 agreement for quiet enjoyment beyond the duration of the lessor's 

 interest, and if he is himself a termor, and the tenant was aware of this, 

 the latter, in case of eviction on the expiration of his landlord's term, 

 can maintain no action against him for such eviction {Penfold v. 

 Abbott) . 



Meaniny of "premises." — Where a testator by his will empowered his 

 trustees to permit the person entitled for life or any greater estate in 

 the S. property to occupy the mansion, gardens, and " premises " rent 

 free, and the home-farm had no farm-house, and the farm-buildings and 

 farms were occupied by the testator at the time of his death, it was held 

 by the Lords Justices that the "premises" meant premises in imme- 

 diate connection with the house, and did not include the . home-farm 

 {Leihbridye v. Lethbridye). 



Tenancy at will. — When a tenant at will is warned to quit, and 

 afterwards has leave given him to remain on part of the property, this 

 permission commences a new tenancy fi-om the date of which the Statute 

 of Limitation runs {Loch v, Mattlieivs). 



Demise of three years certain. — A demise by deed for the term of three 

 years, " determinable on a six months' previous notice to quit by either 

 lessor or lessee, otherwise to continue from year to year until the teim 

 shall cease by notice to quit at the usual times," is a demise for three 

 years certain, and the tenancy cannot be determined sooner than by a 

 six months' notice, ending with the third year {Jones v. Nixon). 



Action upon ayreement for lease. — An agreement not under seal be- 

 tween two persons, by which one agrees to let, and the other to take, 

 certain premises for the term of seven years, and by which it is agreed 



