Page:Halsbury Laws of England v1 1907.pdf/493

 — Part

Y.

— Compensation.

271

inconsistent with good estate management, terminates a tenancy by notice to quit, or, after having been requested in writing at least one year before the expiration of a tenancy to do so, refuses to grant a renewal thereof, or if it is proved that an increase of rent has been demanded from the tenant and that such increase was demanded by reason of an increase in the value of the holding due to improvements executed by or at the cost of the tenant, and for which he has not received an equivalent from the landlord, and such demand results in the tenant quitting the holding, the tenant upon quitting the holding wdll, in addition to any compensation for improvements, and notwithstanding any agreement to the contrary, be entitled to compensation for the loss or expense directly attributable to his quitting the holding which he may unavoidably incur upon or in connection with the sale or removal of his household goods, or his implements of husbandry, produce, or farm stock on or used in connection with the holding.

Sect.

3.

Unreasonable Disturbance.

588. No such compensation will, however, be payable (1) unless Conditions the tenant has given the landlord a reasonable opportunity of ofsuchcommaking a valuation of such goods, implements, produce and stock, or P®"^^*^°^' (2) unless the tenant has within two months after he received notice to quit, or a renewal of the tenancy was refused, as the case may be, given the landlord notice in writing of his intention to claim such compensation, or (3) where the tenant with whom a contract of tenancy w^as made has died within three months before the date of the notice to quit, or in the case of a lease for years, before the refusal to grant a renewal, or (4) unless the claim for compensation is made within three months after the time at which the tenant quits the holding (k). In the event of any difference arising as to any matter in respect of a claim for such compensation, the difference must be settled by arbitration before a single arbitrator (/).

Part VI. Sect.

1.

—

Removal

Fixtures.

at

Common Law.

589. To the common law rule that whatever is affixed by the Ornamental tv^^Q tenant to the freehold becomes the property of the owner of the freehold and cannot be severed by the tenant either during the removable at continuance or after the determination of the term, exceptions were common law. admitted by the Courts with respect to fixtures erected by a tenant (1) for the purposes of mere ornament or convenience (2) for the purposes of trade {m).

[k] Agricultural Holdings Act, 1906 (6 Edw. 7, c. 56), s. 4. This Act does not, however, come into operation until January 1, 1909. See sect. 9. (l) Ihid., ss. 1 (2), 4. The arbitration will be conducted in accordance with provisions set out on pp. 264 266, ante. (w) See title Landlokd and Tenant, j^ost.

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