Page:Halsbury Laws of England v1 1907.pdf/481

 — Part V.

259

Compensation.

With respect to the statutory rights of tenants of agricultural holdings to compensation, the following terms have the meanings here given (/) :— " Contract of tenancy " means a letting of or agreement for the letting of land for a term of years, or for lives, or for lives and years, or from year to year (in). "Determination of tenancy" means the cesser of a contract of tenancy by reason of effluxion of time, or from any other cause (n). "Landlord," in relation to a holding, means any person for the time being entitled to receive the rents and profits of any holding (o). " Tenant " means a holder of land under a contract of tenancy as above defined, and includes his executors, administrators, assigns, or other persons deriving title from him (p) and the designations of landlord and tenant continue to apply to the parties until the conclusion of any proceedings taken under or in pursuance of the Agricultural Holdings Acts in respect

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Definitions.



of

compensation

for

improvements, or under any agreement

made in pursuance of "Holding" means any

those Acts. parcel of land held by a tenant which is either wholly agricultural or wholly pastoral, or in part agricultural and as to the residue pastoral, or in whole or in part cultivated as a market garden, and which is not let to the tenant during his continuance in any office, appointment, or employment held under the landlord. " County court " in relation to a holding means the county court within the district whereof the holding, or the larger part thereof, is situate. A tenant at the determination of his tenancy has a statutory Right

to compensation.

{I) See Agricultural Holdings Act, 1883 (46 & 47 Vict. c. 61), ss. 54, 61 Agricultural Holdings Act, 1900 (63 & 64 Yict. c. 50), s. 9; Market Gardeners' Compensation Act, 1895 (58 & 59 Vict. c. 27), s. 6. (w) An agreement for letting land at a yearly rent, payable quarterly, with a stipulation that the tenancy may be determined by either party giving three months' notice to quit on any day of the year, creates a tenancy from year to year within this definition {King v. Eversfield, [1897] 2 Q. B. 475). [n) Where the contract of tenancy is rescinded and occupation abandoned by reason of the failure of one of the parties to perform a necessary condition of the contract, there is no determination of tenancy within the meaning of this definition {Todd v. Bov-ie (1902), 4 F. 435, decided under the Scotch Agricultural Holdings Act, 1883). If by the terms of the agreement, or by custom, a tenant is entitled or required to give up possession of different parts of his holding at different times, the determination of the tenancy takes place at the time for his giving up the last agricultural or pastoral part, whether he do or do not still retain some or all of the buildings {Black v. Clay, [1894] A. 0. 368 Morley v. Garter, see p. 242, ante). re Faid (1889), 24 Q. B. D. 247 [1898] 1 _a B. 8 (o) This definition of landlord excludes the executors of a landlord, unless they are parties to proceedings for compensation [Goiujh v. OoiigJi, [1891] 2 Q. B. 665). (p) The trustee in bankruptcy of a tenant is included in this definition, but in order to be entitled to compensation he must act in accordance with the provisions of the Act precisely as if he were the tenant. If he disclaim the lease, he loses the right to compensation {Scliofield v. ] Uncles (1888), 58 L. J.





(Q. B.) 147).

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