Page:Halsbury Laws of England v1 1907.pdf/469

 — Part

— Covenants and Custom of the Country.

III.

any existing rights

of the landlord

(i),

or deprive

him

of his right to

be paid rent due out of the valuation payable by the incoming tenant (A). And there may be a custom of the country for the landlord to have a right to deduct the outgoing tenant's rent in arrear from the valuation due to him as outgoing tenant, which will be operative even when the outgoing tenant is bankrupt (/).

247 Sect.

3.

Liability to

Outgoing Tenant,

518. A tenant is not liable to be paid for tillages etc., if he quits How right to the holding before the due determination of the tenancy {m) but if a payment lost, lease for a term of years is determinable by notice at the expiry of a lesser period, the tenant's rights are preserved on his quitting after due notice at the earlier date {n).

Sect.

4.

— Way-going

Crops,

519. A clause in a lease entitling the tenant to take a way-going Entry to take crop does not entitle the tenant to retain possession of any part of way-going the land against the landlord after the determination of the tenancy, but imports a licence to the tenant to enter the land for the purpose of taking the crop (o). But w^here the tenant is entitled by custom to the way-going crop and is bound to repair fences, he may be entitled also to actual possession of the land on which the crop is growing until the crop is carried

away

(p).

Trover or trespass will not lie by the landlord or incoming tenant against the outgoing tenant for taking a way-going crop according to the custom of the country, even though the outgoing tenant has committed a breach of covenant in cropping too much of the land and not manuring it {q).

520. Where a Lady Day tenancy is prematurely determined by a judicial proceeding, such as the award of an arbitrator, the custom that the tenant should have a way-going crop has no operation (r). Sect.

Hay and Straw

5.

Covenants.

A lease containing a covenant to consume all hay, straw and grown on the farm, and to use the manure on the farm, but silent as to hay etc. unconsumed on quitting, is not inconsistent with a custom that the tenant shall be paid for all hay etc. left unconsumed on his quitting. Such a covenant means only that 521.

clover

Fetrie v. J)aniel (1804), 1 Smith, 199. Stafford V. Gardner (1872), L. E. 7 C. P. 242. parte Lord Eastings (1893), 62 L. J. (q. b.) 628. (/) lie Wilson, England v. Shearburn (1884), (m) Whittaker v. Barker (1832), 1 C. & M. 113 52 L. T. 22 see also Breadalbane {Marquis) v. Stewart, [1904] A. C. 217. (w) Bevan v. Chambers (1896), 12 T. L. E'. 417. Wight v. JSarl of Eopetoim (o) Strickland v. Maxiuell (1834), 2 0. & M. 539 (i)

(k)







(1864), 4 (p) ((/)

C.

&

Macq. 729.

Griffiths V. Paleston (1844), 13 M. & W. 358. and see Griffiths v. Tombs (1833), 7 Boraston v. Green (1812), 16 East, 71 P. 810, where, however, the over-cropping was on parol permission from

the landlord. (r)

Thorpe

v.

Eyre (1834),

1

A.

&

E. 926.

Exclusion of custom,

Covenant to consume,