Page:Halsbury Laws of England v1 1907.pdf/465

 ——— Part of the

have

then current year

effect

The writing

accordingly

II.

of

—

,

The Tenancy. tenancy

and the notice



243 to quit will

landlord's notice to quit part of the premises

must be

in

III.

2.

tion of

Tenancy.

{k).

Part

Sect.

Determina-

(i).

— Covenants

and

Custom

of

the

Country. Sect.

I.

Implied Covenants.

of the No warranty landlord that the land leased or let is reasonably fit for cultivation (l) as to fitness of land. or that no noxious plants are growing on the demised premises (m).

504. There is no implied covenant or warranty on the part

505. The law implies an undertaking or covenant on the part of an Cultivation in agricultural tenant to cultivate the land in a husbandlike manner, husbandlike manner. unless there is a particular agreement dispensing with that engagement {n) ; and the bare relation of landlord and tenant is a sufficient consideration for the tenant's promise to cultivate the land in a good and husbandlike manner according to the custom of the country (0). Such an undertaking is, however, implied only where the relation of landlord and tenant actually exists, and for that reason neglect by an incumbent to cultivate glebe land in a husbandlike manner does not render him or his executors liable in an action by a succeeding incumbent, though he or they may be liable for leaving the buildings, hedges, and fences in a state of decay (p). Beyond this undertaking there is no implied obligation on the part of a yearly tenant of farming premises to do any particular acts such as to consume on the premises the hay and straw grown or to refrain from doing thereon (r) or to repair generally (q) anything which does not amount to voluntary waste.

506. The landlord of an agricultural holding or any person authorised by him may at all reasonable times enter on the holding, or any part of it, for the purpose of viewing the state of the holding (s). Sect.

2.

Custom of

Sub-Sect.

507. The custom

of the

country

1.

{t)

the Country, Proof.

does not imply an immemorial What

or universal usage, but only the prevalent usage of the neighbourhood (0 Agricultural Holdings Act, 1883 (46 & 47 Vict. c. 61), s. 41. {k) See Moyle v. Jenkins (1881), 8 Q. B. D. 116; Reg. v. Shurmer (1886), 17 Q. B. D. 323.

Hart V. Windsor (1843), 12 M. & W. 68. (w) Erskine v. Adeane (1873), 8 Ch. App. 756. {n) Broiun v. Crump (1815), 1 Marsh. 569. (0) Poiuley V. Walker (1793), 5 Term Eep. 373. (jp) Bird V. ReJjph (1833), 4 B. & Ad. 826; and see title Ecclesiastical {I)

Law, {q)

post.

Horsefall v. Mather (1815), Holt, N. P. C.

Oovgh

7.

Hoivard (1801), Peak. Add. 0. 197. (s) Agricultural Holdings Act, 1900 (63 & 64 Yict. c. 50), s. 5. f) The custom of the country varies not only in each county, but often in (r)

Right of landlord to enter and view.

V.

K 2

is

country

cus-