498 APPENDIX. 



NOTICES TO QUIT. 



When a notice to quit is given to any tenant on an estate, it must be signed 

 by the landlord, or by his agent duly appointed by him. It should be given 

 to the person who is to quit. A copy of it should be kept and signed by the 

 party who delivered it, stating that it was delivered by him to the party to 

 whom it was addressed. But it will answer the same purpose if it is left with 

 the tenant's servant, or with any one at the residence of the person served; and 

 in this case the name of the person to whom it was given should be written on 

 a copy of the notice, and signed by the party who delivered it, and the date of 

 delivering it. 



For whatever time the premises or land is let, a similar period of notice must 

 be given, excepting in the case of tenancies for the year. As, for instance, 

 where any premises are let by the quarter, then a quarter's notice to quit must 

 be given; where any are let by the month, then a month's notice must be 

 given ; and if let by the week, 'then a week's notice will suffice. 



But, on the other hand, where farms or premises are let by the year, then six 

 months' notice will do ; and such six months' notice must be given previous to 

 the same term at which the farm or premises were taken possession of. 



The following remarks, taken from the ' Law of Landlord and Tenant,' apply 

 to this : 



No notice to quit is necessary where premises are let for a term certain, expiring 

 on a fixed day. Where there is a tenancy from year to year in the absence of any 

 special agreement on the subject it can only be terminated by a notice to quit on 

 either side, such notice being given six months before the expiration of the current 

 year of tenancy. But where a tenancy commences, and therefore also ends, on one 

 of the usual quarter-days, a notice to quit given at the quarter-day last but one before 

 that on which it is to expire will be sufficient, although the interval may be a few 

 days short of six calendar months. 



An agent for an estate who has the general management and letting of the farms 

 cottages, &c., has authority by law to give notices to quit for his employer ; but agents 

 who merely draw rents, and have nothing further to do with the estate, have no 

 authority to give notices to quit. Particular care should be taken in seeing that the 

 proper name of the tenant is inserted in the notice, as if there be any mistake in this, 

 it will make the notice null. 



It is not necessary to state all particulars of the farm or premises in the notice 

 given to a tenant. If the words " quit all the property you hold of me" be inserted, 

 this will be sufficient. 



If after the expiration of a notice to quit, a landlord or his agent should accept of 

 any rent arising after that time, then this will be looked upon as if the landlord was 

 doing away with the notice, unless the receiver declared at the time that it was not 

 intended as such, or unless the tenant used fraud against the landlord in making the 

 payment. 



In the event of a tenant keeping possession of land or premises after the time of 

 the notice to quit has expired, then the landlord can compel the said tenant to remove 

 or pay double rent. 



