|
|
CHAPTER
162
LANDLORD AND TENANT (No. 2) |
ARRANGEMENT OF
SECTIONS |
SECTION |
|
Persons holding over lands, etc., after
expiration of leases, to pay double the yearly value. |
Method of recovering seck rents, etc. |
Chief leases may be renewed without surrendering
all the under-leases. |
CHAPTER 162 |
LANDLORD AND
TENANT (No. 2) |
An Act
for the more effectual preventing frauds committed by tenants, and for the more
easy recovery of rents and renewal of leases. | 4 Geo. 2, c. 28
extended by 2 of 1799 |
[A.D. 1730] |
1. [This Act may be cited as the Landlord and Tenant
(No. 2) Act.] | Short title. |
2. In case any tenant or tenants for any term for life,
lives, or years, or other person or persons who are or shall come into
possession of any lands, tenements, or hereditaments by, from, or under, or by
collusion with such tenant or tenants, shall wilfully hold over any lands,
tenements, or hereditaments after the determination of such term or terms, and
after demand made and notice in writing given for delivering the possession
thereof by his or their landlords or lessors or the person or persons to whom
the remainder or reversion of such lands, tenements, or hereditaments shall
belong, his or their agent or agents thereunto lawfully authorised, then and in
such case, such person or persons so holding over shall, for and during the
time he, she, and they shall so hold over or keep the person or persons
entitled out of possession of the said lands, tenements, and hereditaments as
aforesaid, pay to the person or persons so kept out of possession, their
executors, administrators, or assigns, at the rate of double the yearly value
of the lands, tenements, and hereditaments so detained, for so long time as the
same are detained, to be recovered in any of his Majesty's courts of record by
action of debt, whereunto the defendant or defendants shall be obliged to give
special bail, against the recovering of which said penalty there shall be no
relief in equity. | Persons holding over lands, etc., after expiration of
leases, to pay double the yearly value. |
3. All and every person or persons, bodies politick and
corporate, shall and may have the like remedy by distress and by impounding and
selling the same, in cases of rents seck, rents of assize, and chief rents,
which have been duly answered or paid for the space of three years, within the
space of twenty years before the first day of this present session of
Parliament, or shall be hereafter created, as in case of rent reserved upon
lease, any law or usage to the contrary notwithstanding. | Method of recovering seck rents, etc. |
4. In case any lease shall be duly surrendered in order
to be renewed, and a new lease made and executed by the chief landlord or
landlords, the same new lease shall without a surrender of all or any the
under-leases be as good and valid to all intents and purposes as if all the
under-leases derived thereout had been likewise surrendered at or before the
taking of such new lease; and all and every person and persons in whom any
estate for life or lives or for years shall from time to time be vested by
virtue of such new lease, and his, her, and their executors and administrators,
shall be entitled to the rents, covenants, and duties, and have like remedy for
recovery thereof, and the under-lessees shall hold and enjoy the messuages,
lands, and tenements in the respective under-leases comprised as if the
original leases, out of which the respective under-leases are derived, had been
still kept on foot and continued, and the chief landlord and landlords shall
have and be entitled to such and the same remedy by distress or entry in and
upon the messuages, lands, tenements, and hereditaments comprised in any such
under-lease for the rents and duties reserved by such new lease, so far as the
same exceed not the rents and duties reserved in the lease out of which such
under-lease was derived, as they would have had in case such former lease had
been still continued or as they would have had in case the respective
under-leases had been renewed under such new principal lease, any law, custom
or usage to the contrary hereof notwithstanding. | Chief leases may be renewed without surrendering all
the under-leases. |
|
|