Page:Halsbury Laws of England v1 1907.pdf/483

 — Part

V.



Compensation.

261

execution of the improvement consented in writing {d) to the making of the improvement. Such consent may be unconditional, or upon such terms as to compensation or otherwise as may be agreed (e).

552. Compensation is payable for drainage (/) provided that the tenant has, not more than three nor less than two months before beginning the work, given to the landlord notice in writing of his intention to do so, and of the manner in which he proposes to do it. After such notice the landlord and tenant may agree on the terms as to compensation or otherwise on which the work is to be executed, and in default of such agreement the landlord may, unless the tenant's notice is withdrawn, execute the work, and recover from the tenant as rent a sum not exceeding £5 per cent, per annum on the outlay, or not exceeding such annual sum, payable for twentyfive years, as will repay the outlay in that period, with interest at JbS per cent, per annum. If the landlord fails to execute the work within a reasonable time, the tenant may do it, and will be entitled to

compensation therefor

Sect.

i.

Improve-

ments to Agricultural Holdings, for'^?ainage!'^

(g).

The landlord and tenant may, however, dispense with any notice, and may, either in the lease or otherwise, make any agreement they please on the subject, and such agreement shall be as valid as though the statutory notice had been given (h). The landlord's consent and notices by the tenant to the landlord as to the execution of the improvements referred to above may be given by or to the authorised agent of the landlord

Landlord's ^s^^^-

(i).

553. No notice to or consent by the landlord is required to enable Compensacompensation to be claimed for any of the improvements enumerated ^^^^ in Part III. of the First Schedule to the Agricultural Holdings Act, jnents for 1900 (/t) but where any agreement in writing secures to the tenant which land;

~ A

The consent may be given

lease providing that the in tlie lease. cost convert meadow into orchard is such a consent v. CaUender, [1901] 2 Ch. 388). For form of consent, see Encyclopaedia of Forms, Yol. YII., p. 717. (e) Agricultural Holdmgs Act, 1883 (46 & 47 Yict. c. 61), s. 3. (/) Drainage is the only improvement comprised in Part II. of the Schedule. For forms of notices as to drainage, see Encyclopaedia of Forms, Yol. YII., pp. 718, 719. (g) Agricultural Holdings Act, 1883 (46 & 47 Yict. c. 61), s. 4. (h) Ibid. agreement to dispense with notice need not be in writing {Ogilvij V. Mliot (1905), 7 F. (Ct. of Sess.) 1115). (i) Ibid., ss. 3, 4. The general manager of an estate is such an authorised agent {Pearson v. FAusov, [1899] 2 Q. B. 618; Ingham v. Fenton [l^d), 10 T. L. E. 113). For form of appointment of agent, see Encyclopaedia of Forms, Yol. YII., p. 718. {k) 63 & 64 Yict. c. 50. These improvements are (18) chalking of land (23) appH(19) clay-burning; (20) claying; (21) liming; (22) marling of land cation to land of purchased artificial or other purchased manure (24) consumption on the holding by cattle, sheep, pigs, or by horses other than those regularly employed on the holding, of corn, cake, or other feeding-stuff not produced on the holding (25) consumption in the same manner of corn proved to have been (d)

tenant {Mears

may

at his

own

An



—







produced and consumed on the holding (26) laying down temporary pasture with clover, grass, lucerne, sainfoin, or other seeds, sown more than two years prior to the determination of the tenancy (27) matters special to market gardens, as to which, see p. 269, post. The Agricultural Holdings Act, 1906 (6 Edw. 7, c. 56), s. 6, adds to this Kst of improvements, repairs to buildings, being buildings necessary for the proper



lord's is

consent

not

required,