Page:Halsbury Laws of England v1 1907.pdf/462

 — Agriculture.

240 Paet

I.

Definitions,

agricultural holding " and "market garden " are accordingly used exclusively in the following pages as denoting a holding to which those Acts apply.

Part Sect. Commencement and time of entry.

Record of condition of holding at

commencement of tenancy.

1.

Notice to quit.

—The

Tenancy.

Commencement

of the

Tenancy.

496. The commencement of an agricultural tenancy and the time or times of entry upon the holding are usually provided for by the express terms of the agreement or lease, but, if not so provided for, the dates of entry upon the various parts may be regulated by the custom of the country; for it is usual in various parts of the country for an agricultural tenant to enter upon part of the holding for certain purposes of husbandry before entering into occupation The custom of many counties would direct, without of the whole. any special words for the purpose, in a taking from Old Lady Day (April 5), that the arable should be entered upon at Candlemas to prepare it for the Lent corn, and the meadows not till May- day, when they are mostly shut up for hay (/). This is the case even where the agreement of tenancy is in writing {g). 497. If, at the commencement of any tenancy of an agricultural holding entered into after January 1, 1909, the landlord or the tenant so requires, a record of the condition of the buildings, fences, gates, roads, drains, ditches, and cultivation of the holding must be made within three months of such commencement by a person to be appointed, in default of agreement, by the Board of Agriculture and Fisheries. The cost of making the record will, in the absence of an agreement to the contrary, be borne by the landlord and the tenant in equal proportions (h). Sect.

Different parts entered on at different times.

II.

2.

Determination of the Tenancy.

When

a tenant enters upon different parts of the holding at he must at the end of his tenancy quit the various parts upon dates corresponding to the dates of entry upon the same respectively. The notice to quit the holding must expire on the day corresponding to the day of entry upon the substantial part of the premises (i). It is for the jury to determine what is the substantial part, and what the accessorial (j).

498.

different dates,

499. The length tenancy

of the notice to quit necessary to

of indefinite duration

(/) JDoe

V.

Snowdon

(1778), 2

may -be

Wm.

fixed

determine a

by agreement

(k),

or by

Bl. 1224.

ig) Ibid.

Agricultural Holdings Act, 1906 (6 Edw. 7, c. 56), s. 7. Doe V. Spence (1805), 6 East, 120; Doe v. Wathins (1806), 7 East, 551 Doe V. Hughes (1840), 7 M. & W. Icl9. Eor forms of notice to quit, see Encyclopaedia of Eorms, Yol. YII., pp. 743, 744. {j) Doe v. Hoiuard (1809), 11 East, 498. [k] Doey. Baker (1818), 8 Taunt. 241. For form of agreement, to be indorsed on tenancy agreement, see Encyclopaedia of Forms, Yol. YII, p. 745. {h) (*)