28 The Agricultural Holdings {England) Act, 1883. 
outfalls, water-courses, gates or fences, or to make the ordinary 
repairs of buildings for which he is liable. On the other hand, 
landlords must not sleep upon their rights, for § 6 does 
not allow them any set-off for waste or breach committed or 
permitted by the tenant " in relation to a matter of husbandry " 
for more than four years before the tenancy determines. Upon 
any serious waste or breach, therefore, notice to quit seems to 
be the most appropriate remedy, to be waived upon the tenant's 
compliance with such conditions as will reinstate the holding. 
The four years' limit corresponds with that in the Act of 1875. 
The two years' limitation will also be borne in mind. As 
regards the tenant, his power of recovering for his landlord's 
breach is not limited. 
It will be remembered that in the Act of 1875 the landlord 
could only recover under the Act for waste or breach, and the 
tenant could only recover for breach, if the latter claimed com- 
pensation for improvements (§ 18, 19). The landlord could 
then, " by counter-claim but not otherwise," obtain compensa- 
tion for the waste or breach. The effect of § 6 in the new 
Act appears to be to continue the same restrictions, inasmuch as 
it is only " in the ascertainment of the amount of the compensa- 
tion " payable to the tenant for his improvements that the 
specified deductions and augmentations are to be taken into 
account. It follows, as in 1875, that if a tenant has reason to 
believe that the deductions which his landlord may set-off will 
exceed the amount of his claim, he may defeat his landlord's 
remedy under the Act by making no claim. But the new Act 
(§ 60) repeats the general saving of rights enacted in 1875, so 
that, unless the Act expressly provides to the contrary, the land- 
lord may, apart from the Act, exercise any powers and enforce 
any rights which belong to him in virtue of statute, custom, 
agreement, or otherwise, in respect of " any improvements, 
waste, emblements, tillages, away-going crops, fixtures, tax, rate, 
tithe rent-charges, rent, or other things." Section GO also con- 
tains a corresponding saving of the tenant's rights. 
Procedure. 
Notice of Intended Claims (§ 7). — Having set forth the general 
principles regulating the tenant's compensation, and any counter- 
claim by the landlord, the Act next prescribes the mode of 
setting up a claim. The procedure clauses, as already stated, 
are taken in substance from, and are sometimes almost identical 
with those adopted in 1875 (§ 20 ct scq.). The clause now under 
consideration, however, requires from the tenant to the landlord 
a written notice of two months at least before the determination 
of the tenancy, of his intention to make a claim. In 1875 only 
