Page:Halsbury Laws of England v1 1907.pdf/463

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II.

The Tenancy.

241 Sect.

custom

of the country (/). In the absence of agreement or custom reasonable notice to quit must be given either by the landlord or by the tenant (?«).

2.

Determination of Tfinaiicy

500. In the case of a tenancy from year to year this reasonable l^^^ notice has for a long time been fixed at a half-year's notice expiring oyear. '^^^^^^^ ^^^^ at the end of a year of the tenancy {a). Since January 1, 1884, however (o), a year's notice expiring with a year of the tenancy is, in the absence of express agreement in writing to the contrary, necessary and sufficient to determine a tenancy from year to year of an agricultural holding (1) when a yearly tenancy has been created by express contract without any stipulation as to notice (2) when such tenancy is not created by express contract but is implied hy law, as where a tenant is let into possession under a void lease and pays or agrees to pay any part of the annual rent thereby reserved (j)), or where a tenant holds over after the expiration of his lease and pays or agrees to pay any subsequent rent at the previous rate {q), or attorns and pays rent to a mortgagee whose mortgage was subsisting at the time when the tenant became lessee of the mortgagor (?) or where a remainderman accepts rent reserved by a lease granted by a previous

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,

tenant for life (which became void on the death of the tenant for life by reason of his having exceeded his leasing powers), but does not confirm or establish such lease (s). The provision making a year's notice necessary and sufficient does not extend to a case where the tenant is adjudged bankrupt, or has filed a petition for a composition or arrangement with his creditors

(o).

When

there is an express agreement as to the length of notice, as Express for instance that a six months' notice should be given, the notice J^^^^J^^^J^* must be given in accordance with the agreement {t).

501. The notice need not be served on the tenant personally, but be left with his wife or servant {a). The statutory year's notice be served on the person to whom it is to be given either personally, or by leaving it for him at his last known place of abode in England, or by sending it through the post in a registered

may may

letter

addressed to

him

there

{h).

K

Tijleij V. Seed (1696), Skin. 649 ym) Doe v. Spence (1805), 6 East, 120.

(J)

Chariwch (1790),

v.

1

Peake, N. P. C.

6.

[n) Right V. Darly (1786), 1 Term Eep. 159; Doe v. Porter (1789), 3 Term Eep. 13 Doe v. Watts (1797), 7 Term Eep. 83. (o) Agricultural Holdings Act, 1883 (46 & 47 Yict. c. 61), ss. 33, 53. Doe V. Amey (1840), 12 A. & E. 476; Doe v. Bell (1793), 5 Term Eep. 471. ( j^) [q) Bishop V. Howard (1823), 2 B. & 0. 100; Hyatt v. Griffiths {l^bl), 17 Q. B. 505. (r) Doe V. BucTcnell (1838), 8 C. & P. 566 Doe v. 077gley (1850), 10 C. B. 25. (s) Doe V. Watts (1797), 7 Term Eep. 83. (t) Barlow v. Wilkinson v. Oalvert (1878), 3 Teal (1885), 15 Q. B. D. 501 C. P. D. 360. (a) Jones V. Marsh (1791), 4 Term Eep. 464; Doe y. Dunbar (1826), Mood. &



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M.

10.

Van Qrutten v. Trevenen, [1902] 2 K. B. 82 which decided that sect. 28 of the Agricultural Holdings Act, 1883 (46 & 47 Yict. c. 61), applies to notices to quit under sect. 33 of that Act (see note (o), supra). (h)

H.L.



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I.

R

Service of i^otice.