Page:Halsbury Laws of England v1 1907.pdf/485

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Part

V.

Compensation.

263

Sect. 1. his quitting his holding. But this restriction does not apply in the Improvecase of an improvement begun by a yearly tenant during the last ments to year of his tenancy if, in pursuance of a notice to quit thereafter given by the landlord, the tenant quits the holding at the expiration Agricultural Holdings. of the year, or where a tenant before beginning the improvement has served notice on his landlord of his intention to begin it, and the landlord has either assented, or failed for a month after receipt of the notice to object to the making of the improvement (s).

559. Where a person occupies land under a contract of tenancy Compensation when posseswith a mortgagor which is not binding on the mortgagee (t) he is sion taken by entitled, as against the mortgagee who takes possession, to any com- mortgagee. pensation which but for such taking possession would be due to him either by statute or custom from the mortgagor for crops, improvements, tillages, or other matters connected with the land. Any sum found due to the tenant under this provision may be set off against any rent or other sum due from him in respect of the land, but unless so set off may, as against the mortgagee, be charged and recovered only as compensation due from a landlord who is a trustee {a). If the tenancy is from year to year or for a term not exceeding twenty-one years, the mortgagee, before evicting the occupier, must give him six months' notice, and if he then evict him, compensation must be given for crops and for any expenditure upon the land which the occupier has made in the expectation of holding the land for his full term, in so far as the improvement resulting therefrom is not exhausted at the time of eviction (/>). Sub-Sect.

1.

Procedure for Recovery of Com'pensation.

560. If the tenant of a holding (c) claim to be entitled to statutory compensation, or to compensation under any custom or agreement, in respect of any improvement comprised in the First Schedule to the Agricultural Holdings Act, 1900 {d), and he fail to agree with his landlord as to the amount and mode and time of payment of such For forms of (s) Agricultural Holdings Act, 1883 (46 & 47 Yict. c. 61), s. 59. notices under this provision, see Encyclopsedia of Forms, Vol. YIL, pp. 719, 720. {t) lease by a mortgagor alone made after the mortgage is not binding on the mortgagee unless it is made in pursuance of an express power in the mortgage deed, or satisfies the provisions of s. 18 of the Conveyancing Act, 1881 Thunder y. Belcher see Keech v. Hall (1778), 1 Doug. 21 (44 & 45 Yict. 0. 41) If evicted by the mortgagee the tenant, but for the pro(1803), 3 East, 449. vision mentioned in the text, would lose all right to his growing crops, tillages etc. {Walmsley v. Milne (1859), 7 C. B. (n. s.) 115). (a) Tenants Compensation Act, 1890 (53 & 54 Vict. c. 57),, s. 2. As by s. 1 this Act is to be construed as one with the Agricultural Holdings Acts and Allotments and Cottage Gardens Compensation Act, 1887, these provisions apparently apply only to "holdings" under those Acts, notwithstanding the use of the larger word " land." The mode of charging and recovering compensation due from a trustee landlord is provided by s. 31 of the Agricultural Holdings Act,

A



1883 (see



p. 268, post).

Tenants Compensation Act, 1890 (53 & 54 Yict. c. 57), s. 2 (2). (c) A landlord cannot initiate arbitration proceedings under the Agricultural Holdings Acts. If he has a claim against the tenant, and the tenant does not commence proceedings by arbitration, the landlord must proceed hj action (Re Holmes and Formhy, [1895] 1 Q. B. 114:, per Lawrance, J., at p. 178). (d) See notes (r), {/) and {h), pp. 260, 261, ante. (b)

Arbitration failing agree-

ment.