Page:Halsbury Laws of England v1 1907.pdf/484

 Agriculture.

262 Sect.

1.

Improve-

ments

to

Agricultural Holdings,

Manures

for prevention of deterioration of holding.

Agreements as to compensation.

Incoming tenant subrogated to rights of out-

going tenant.

Change

554. No compensation is payable in respect of manures which have been used by the tenant for the purpose of making provision against injury or deterioration of the holding caused or threatened by his exercise of his right after January 1, 1909, of freedom of cropping arable land and disposal of the produce of his holding (m). 555. Any agreement, other than those already mentioned, by which the tenant is deprived of his right to claim compensation under the Acts for any improvement comprised in the First But Schedule, is void so far as it deprives him of that right (n). the tenant has the right to claim compensation under custom, agreement, or otherwise in lieu of compensation under the Acts (o). 556. If an incoming tenant, with the written consent of the landpay to an outgoing tenant compensation for an improvement, he is entitled on quitting the holding to claim compensation for the improvement in like manner as the outgoing tenant would have been entitled if he had remained tenant of the holding and quitted it at the time at which the incoming tenant quits {p), lord,

557.

of

tenancy during one occupation.

Restriction on

tenants about to quit.

and reasonable compensation for any such improvement, such compensation is payable as provided by the agreement, and is deemed to be substituted for compensation under the Acts (Z).

fair

A tenant who has remained in his holding during two or more

is not, on quitting the holding, deprived of his right to compensation for improvements by reason only that the improvements were not made during the tenancy on the determination of which he quits the liolding (q).

tenancies

558. Tenants about to quit a holding are discouraged from making improvements for the purpose of raising a claim to compensation by the provision that no tenant is entitled to compensation for improvements other than manures {r) begun by him within a year of the expiration of his contract of tenancy, or in the case of a yearly tenant within a year before he quits his holding, or at any time after giving or receiving notice to quit which results in or beginning

cultivation or working of the liolding, other than repairs which the tenant is himself under an obligation to execute, provided that the tenant, before beginning to execute such repairs, gives to the landlord notice in writing of his intention together with particulars of such repairs, and the landlord fails to execute such repairs himself within a reasonable time after receiving such notice. The Act does not come into operation until January 1, 1909. {I) Agricultural Holdings Act, 1883 (46 & 47 Yict. c. 61), s. 5 and see Newby V. Eckersley, [1899] 1 Q. B. 465. (to) Agricultural Holdings Act, 1906 (6Edw. 7, c. 56), s. 3 (3) and see p. 250,



ante. (n) Agricultural Holdings Act, 1883 (46 & 47 Yict. c. 61), s. 55, This section does not apply to any agreement by which the tenant may deprive himself of his right to remove fixtures {Mears v. Callertder, [1901] 2 Ch. 388). (o) Agricultural Holdings Act, 1900 (63 & 64 Yict. c. 50), s. 1 (o). In the case (p) Agricultural Holdings Act, 1883 (46 & 47 Yict. c. 61), s. 56. of a market garden, the consent of the landlord required by this section is dispensed with(Market Gardeners' Compensation Act, 1895 (58 & 59 Yict. c. 27), s. 3). For form of consent, see Encyclopsedia of Forms, Yol. Yll., p. 724. (q) Agricultural Holdings Act, 1883 (46 & 47 Yict. c. 61), s. 58. (r) "Manures," within this provision, mean the improvements numbered (23), (24), and (25) in note (k), p. 261, ante. -