Page:Halsbury Laws of England v1 1907.pdf/478

 — Agriculture.

256 Sect.

4.

Amount Distrained ^Q^'

Where tenant becomes an rup

•

but not yet payable according to the course of dealing, and at the same time for rent which became legally due more than a year previously but became payable by the course of dealing less than a year previously, although the total amount thus distrained for exceeds a year's rent (a).

541. Where the tenant becomes bankrupt, the landlord may, after the commencement of the bankruptcy, distrain only for six months' j^^j^^ accrued due prior to the order of adjudication (h) and he will not be allowed to obtain a larger amount of rent by agreeing with the bankrupt to waive his right of distress in consideration of taking over the stock on the farm at a valuation in lieu of rent (c).

Compensation set off against rent.

Fees for distraining.

542. When compensation due to a tenant under the Agricultural Holdings Acts, or under any custom or contract, has been ascertained before the landlord distrains for rent due, the amount of such compensation may be set off against the rent due, and the landlord is not entitled to distrain for more than the balance (d). 543. Where a distress is levied for rent under the Agricultural Holdings Acts, the bailiff, not the landlord, is entitled to the authorised percentage for levying the distress

When Distress may be made. 544. Distress may be made when rent is in arrear, that is, on the day after it becomes due {J ). And if by the custom of the country any rent is payable by the tenant upon entering his holding, it may Sect.

Distress

immediately after rent due.

5.

be distrained for the next day Distress after deter-

mination of tenancy.

(e).

(g).

54:5. Eent accruing due before the determination of a tenancy by notice to quit by the landlord cannot be distrained for at common law after the tenancy has expired, although the tenant remains in occupa-

tion (li) but it is otherwise if the rent becomes due after, the determination of the tenancy, and there is no evidence of a renewal of the tenancy (?'). By statute, however, any person having rent in arrear upon any lease for life, years, or at will, may distrain for such arrears within six months after the determination of the term, provided such distress be made during the continuance of the landlord's title and during the possession of the tenant {k). The right is not confined to cases

(a) JEx parte Bull, (1887), 31 Sol. J. 272. (b)

He Beiu

(1887), 18 Q. B.

D. 642



Fairlamh

v.

Beaumont

Bankruptcy Act, 1883 (46 & 47

Act, 1890 (53

&

Be

54 Yict.

c.

Yict. c. 52), s. 42, amended by Bankruptcy See title Bankruptcy and Insolvency. 71), s. 28. L. J. (q. b.) 763.

Griffith (1897), 66 Agricultural Holdings Act, 1883 (46 & 47 Yict. c. 61), s. 47. (e) Philipps V. Bees (1889), 24 Q. B. D. 17; Agricultural Holdings Act, 1883 (46 & 47 Yict. c. 61), s. 49, sched. ii. (c)

(d)

(/) Buppa V. Mayo (1671), 1 Saund. 287. BucMeij V. Taijlor (1788), 2 Term Eep. 600 where Buller, J., stated that lie found on inquiry that it was a common custom that the landlord might ((/)



day of the tenancy. Williams v. Stiven (1846), 9 Q. B. 14. Jenner y. Clegg (1832), 1 Moo. & Eob. 213; Alford v. Vickery (1842), Car.

distrain the first (h) {i)

& M. {k)

280.

Landlord and Tenant Act, 1709

(8

Anne,

c.

14), ss. 6, 7.