NG APARTPersons rentfrequently apprising the the rent in Me reason to

left, on the the houseconstable, the lodger's the latter's application then enter apartment; notice given don Gazette, arrears of ell the proserving the ods as it i (if any), delivery to and them. TS.-If a greement to

re day, and reement, the ty; but if he executes an keeper has a not occupying to agreement. SING LODGER'S dlord enter and is tenant is in his consent, he ver rent.

IMMODEST let to an imher to receive the landlord But if the the character the lodgings, if after he fted her to

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1409. PAYMENT OF RENT IMPERATIVE.-No consideration will waive the payment of the rent, should the landlord insist on demanding it. Even should the house be burnt, blown, or fall down, the tenant is still liable for rent; and the tenancy can only be voidable by the proper notice to quit, the same as if the house remained in the most perfect condition.

1410. DEMANDING RENT. The landlord himself is the person most proper to demand rent; he may employ another person, but if he does, he must authorize him by letter, or by power of attorney; or the demand may be objected to.

1411. RECEIPT FOR RENT.-When an agent has been duly authorized, & receipt from him for any subsequent rent is a legal acquittance to the tenant, notwithstanding the landlord may have revoked the authority under which the agent acted, unless the landlord should have given the tenant notice thereof.

1412. LEGAL TENDER.-A tender of rent should be in the current coin of the kingdom. But a tender of Bank of England notes is good, even in cases of distress.

1414. If the receipt be given by an agent, it should be signed, G. Č.,

Agent for L. O., landlord of the above premises.

1415. CARE OF RECEIPTS FOR RENT. -Be careful of your last quarter's receipt for rent, for the production of that document bars all prior claim. Even when arrears have been due on former quarters, the receipt, if given for the last quarter, precludes the landlord from recovery thereof.

1416. Notice to Quit.-When either the landlord or tenant intends to terminate a tenancy, the way to proceed is by a notice to quit, which is drawn up in the two following ways:

1419. NOTICE TO QUIT.-An opinion is very generally entertained, however, that a quarter's warning to quit, where the house is of small rental, is sufficient notice; but where the rent is payable quarterly, or at longer intervals, this is a mistake, for unless a special agreement is made defining the time to be given as a warning, six months' notice to quit must be given, to expire on the same day of the year upon which the tenancy commenced. Where the rent is payable weekly or monthly, the notice to quit will be good if given for the week or month, provided care be taken that it expires upon the day of the week or month of the beginning of the tenancy.

1420. Form of Notice from a Landlord to his Tenant to Quit or Pay an increased Rent.— To Mr. R. A.-Sir,-I hereby give you notice to deliver up possession, and quit on or before

-> the [here state the house or apartof me in [insert the name of street, &c.], and ment] and appurtenances which you now hold in default of your compliance therewith, I do and will insist on your paying me for the same, the [annual or monthly] rent of — an additional rental of -, being pounds per annum, [over and above the present annual rental] rent, for such time as you shall detain the key and keep possession over the said notice. Witness my hand, this day ofWitness, G. C.

186.

L. 0.

1421. REFUSAL TO GIVE UP POSSESSION.-If a tenant holds over, after receiving a sufficient notice to quit, in

writing, he becomes liable to pay double the yearly value; if he holds over after having himself given even parole notice to quit, he is liable to pay double rent. 1422. Lodgings and Lodgers. 1423. PRECAUTIONS.-Before you take unfurnished apartments, satisfy yourself that the rent and taxes of the house are paid, for the goods of a lodger are liable to distress for arrears of these at any time while on the premises.

1424. BROKER ENTERING APARTMENTS.-A broker having obtained possession through the outer door, may break open any of the private doors of the lodgers, if necessary.

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1426. LODGERS AND HOUSEHOLDERS BOUND BY THE SAME LAW.-No distinction exists between lodgers and other tenants as to the payment of their rent, or the turning them out of possession; they are also similarly circumstanced, with regard to distress for rent, as householders.

1427. WEEKLY TENANTS.-In case of weekly tenants, the rent should be paid weekly, for if it is once let to run a quarter, and the landlord accept it as a quarter, the tenant cannot be forced to quit without a quarter's notice.

1428. YEARLY LODGERS. --Lodgings by the year should only be taken from a person who is either proprietor of the house, or holds possession for an unexpired term of years.

1429. Furnished Lodgings. Furnished lodgings are usually let by the week, on payment of a fixed sum, part of which is considered as rent for the apartment, and part for the use of the furniture. In some instances an

and if, after fourteen days' notice given by advertisement in the London Gazette, the lodger does not pay the arrears of rent, the householder may sell the property for the money due, reserving the surplus money, and such goods as it may not be necessary to sell (if any), and keeping them ready for delivery to the lodger when he shall demand them.

1431. VERBAL AGREEMENTS.-If a person make a verbal agreement to take lodgings at a future day, and decline to fulfil his agreement, the housekeeper has no remedy; but if he pay a deposit he partly executes an agreement, and the housekeeper has a remedy against him for not occupying the lodgings according to agreement.

1432. LANDLORD USING LODGER'S APARTMENTS.-If a landlord enter and use apartments while his tenant is in legal possession, without his consent, he forfeits his right to recover rent.

1433. LODGINGS ΤΟ IMMODEST WOMEN.-If lodgings are let to an immodest woman, to enable her to receive visitors of the male sex, the landlord cannot recover his rent. But if the landlord did not know the character of the woman when he let the lodgings, he may recover, but not if after he knew the fact he permitted her to

206

of the one part, and L. O., of of the other part, as follows:-That the said R. A. agrees to let, and the said L. O. to take, all that messuage or tenement (with the garden and appurtenances thereto,) situate at, &c. [or if an apartment be the subject of demise, all the entire first floor, particularly describing the other appurtenances], together with all the furniture, fixtures, and other things mentioned and comprised in the schedule hereunder written, for the space of months,

to be computed from the at the rent of

day of

pounds per quarter, payable quarterly, the first quarterly payday of

ment to be made on the

next ensuing the date hereof. And it is further agreed, by and between the said parties, that each party shall be at liberty to determine the said tenancy, on giving to the other a quarter's notice in writing. And the said L. O. agrees, that in the determination of the tenancy, he will deliver up the said dwellinghouse (or the entire first floor, &c.), together

with all the fixtures and furniture as aforesaid, in as good a condition as the same now are, reasonable wear and tear thereof excepted,

and shall and will replace any of the crockery and china or other utensils that shall be broken or otherwise damaged. In witness, &c.[Here is to follow the Inventory, or List of Articles referred to above.]

1438. Remedies to Recover

Rent.-Distress is the most efficient remedy to recover rent, but care should' be taken that it be done legally; if the distress be illegal, the party aggrieved has a remedy by action for damages. Excessive distresses are illegal. The distrainer ought only to take sufficient to recover the rent due, and costs; if, however, the articles sell for a greater sum than is sufficient to pay these, the remainder must be returned to the tenant, who can demand a bill of the sale, and recover the overplus, if any.

1439. DISTRESS, LEGAL AND ILLEGAL.-A distress can be made only for rent that is due, and cannot be made until the day after, nor unless it has been demanded by the landlord or his agent. The outer door must not be broken open for the purpose of distraining, neither can the distress be made between sun-setting and sun-rising, nor on Sunday, Good Friday, or Christmasday, nor after the rent has been tendered to the landlord or his agent. A second distress can be made, if the value of the first is not enough to pay the rent and costs.

1440. SEIZURE OF GOODS REMOVED. Goods conveyed off the premises to prevent a distress may be seized anywhere within thirty days after the removal, and if force is resorted to by the landlord, it must be in the presence of a constable; but goods removed before the rent is actually due cannot be followed, but the rent can be recovered by action as a debt in the County Court. The general rule is, that nothing can be distrained which cannot be returned in the same condition as before the distress was made.

1442. BANKRUPTS' AND INSOLVENTS' RENT.-In cases of bankruptcy or insolvency, no more than one year's rent is obtainable by distress; if more be due, the landlord is only entitled to come in with the rest of the creditors for the further sum due..

1443. ILLEGAL CHARGES.-According to 57 Geo. III., cap. 65, no person distraining for rent shall take other charges than those in the above schedule; the party charging more can be sued for treble the amount unlawfully taken.

1444. AMOUNT OF RENT RECOVERABLE. It is generally supposed that not more than four weeks' rent can be recovered from weekly tenants, four months' rent from monthly tenants, and four quarters' rent from quarterly or annual tenants; this, however, is not the case, for the alteration of the law, 7th and 8th Vic., cap. 96, secs. 18 and 67, operates only in cases of bankruptcy or insolvency, or where the goods are already distrained.

1445. EXPENSES:Levying a distress

Man in possession, per day, if the rent due be under £20

£ s. d. 0 3 0

026

Appraisement, 6d. in the pound on the value of the goods, if above £20. Appraisement, 1s. in the pound on the value of the goods, if under £20.

Expenses of advertising, &c.

Catalogues, sale, and commission, 18. in the pound on the produce of the sale.

1446. BROKERS' CHARGES.-Brokers must give copies of the charges in all

cases.

1447. VALUATION AND SALE OF GooDs.-The goods, when valued, are usually bought by the appraiser at his own valuation, and a receipt at the bottom of the inventory, witnessed by the person who swore them, is a sufficient discharge.

1448. STAMPED AGREEMENTS. Much uncertainty having existed as to the legal nature of the agreements on paper between landlords and tenants, the following communication to the

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proper authorities, and their reply, will be interesting to all concerned :—

1449. "To the Commissioners of Inland

Revenue, Somerset House, London. — Middlesbro', Aug. 18th, 1855.- Sirs,—The seaport town of Middlesbro', in the county of York, contains about 14,000 inhabitants, and many dwelling-houses and shops are let from quarter to quarter, and from year to year upon written memorandums of agreement, where the rents are under £20 a year; and as some difference of opinion exists respecting the proper stamp duties to be paid on such agreements, your opinion is requested, whether the common lease stamp for such an agreement will be sufficient, or what other stamps (if any) will such memorandums require ?— Your most obedient servant, WM. MYERS,

Solicitor."

1450. STAMPED DOCUMENTS. — In all cases where the law requires a stamp, whether for an agreement or a receipt, do not omit it. As the stamp laws are liable to frequent alterations, it is best to refer to the tables in the recognized almanacs for the year, or to make inquiries at the Stamp offices.

1451. Debtor and Creditor.

1452. Bankruptcy. The distinction formerly existing between insolvents and bankrupts is now abolished. All debtors, whether traders or not, are now subject to the laws of bankruptcy.

1453. ANY DEBTOR, NOT BEING A TRADER, who may go or remain abroad for the purpose of escaping his creditors, or shall, with a view of evading their just demands, make fraudulent conveyance or other transfer of his property, or any part thereof, may be adjudged a bankrupt.