Page:Halsbury Laws of England v1 1907.pdf/464

 Agriculture.

242 Sect.

2.

Determination of

T enanc y, Retaining possession of

holding

Notice to quit part of

502. Notwithstanding that a due notice to quit the premises has expired, the tenant may by the custom of the country be entitled to retain possession of part of the premises for certain purposes, as for taking a way-going crop, storing crops etc., after the tenancy has determined

(c).

Where

a tenant of an agricultural holding is entitled, either by express terms of his contract of tenancy, or by the custom of the country, to retain possession of portions of the holding after the expiration of the original term for purposes of husbandry, the determination of the tenancy takes place for all purposes relating to compensation under the Agricultural Holdings Acts (d) when the last portion of the arable or pastoral part of the holding is quitted by the tenant, although possession is still retained by him of the house, barns etc. {e).

A

notice to quit part only of demised premises is bad at But in the case of an agricultural holding, where on a tenancy from year to year a notice to quit is given by the landlord with a view, as stated in the notice, to the use of land for any the erection of farm labourers' cottages of the following purposes the provision of gardens or other houses with or without gardens for existing farm labourers' cottages or other houses the allotment for labourers of land for gardens or other purposes the planting of trees the 023ening or working of any coal, ironstone, limestone, or other mineral, or of a stone quarry, clay, sand, or gravel pit, or the construction of any works or buildings to be used in connection therewith the obtaining of brick-earth, gravel, or sand the making of a watercourse or reservoir the making of any road, railway, tramroad, siding, canal, or basin, or any wharf, pier, or other work connected therewith or the provision of small holdings, it is no objection to the notice that it relates to part only of the holding (g). In every such case the provisions of the Agricultural Holdings Acts respecting compensation (h) apply as on determination of a tenancy in respect of an entire holding and the tenant is also entitled to a proportionate reduction of rent in respect of the land comprised in the notice to quit, and in respect of any depreciation of the value to him of the residue of the holding caused by the withdrawal of that land from the holding or by the use to be made thereof, the amount of that reduction being ascertained by agreement or settled by a reference under the Acts, as in a case of compensation (but without appeal) (g). The tenant is further entitled at any time within twenty-eight days after service of the notice to quit to serve on the landlord a notice in writing to the effect that he. (the tenant) accepts the same as a notice to quit the entire holding, to take effect at the expiration

503.

common law (/).





















.

(c)

(d)

Griffiths V. Puleston (1844), 13 See pp. 258 et seq., post.

M. & W.

358.

Black v. Olay, [1894] A. C. 368 (e) Be Paul (1889), 24 Q. B. D. 247 (decided on the Agricultural Holdings (Scotland) Act, 1883) ; Morley v. Carter, B. 8. [1898] 1 (/) Bight v. Cuthell (1804), 5 East, 491 Doe v. Archer (1811), 14 East, 245. {g) Agricultural Holdings Act, 1883 (46 & 47 Yict. c. 61), s. 41, as extended, after 1907, by the SmaU Holdings and Allotments Act, 1907 (7 Edw. 7, c. 54), s. 38. {h) See p. 258, post.

a