Page:Halsbury Laws of England v1 1907.pdf/495

Rh

Statutory Right of Removal.

Conditions of right of removal.

Market gardens.

in that behalf or instead of some fixture or building belonging to the landlord, then such fixture or building is the property of and is removable by the tenant before or within a reasonable time after termination of the tenancy. The right is, however, subject to the following conditions:—

(1) Before the removal of any fixture or building the tenant must pay all rent owing by him, and perform and satisfy all other his obligations to the landlord in respect to the holding

(2) In the removal of any fixture or building, the tenant must not do any avoidable damage to any other building or other part of the holding

(3) Immediately after the removal of any fixture or building, the tenant must make good all damage occasioned to any other building or other part of the holding by the removal

(4) The tenant must not remove any fixture or building without giving one month's previous notice in writing to the landlord of his intention to remove it;

(5) At any time before the expiration of the notice of removal the landlord, by notice in writing given by him to the tenant, may elect to purchase any fixture or building comprised in the notice of removal, and any fixture or building then elected to be purchased must be left by the tenant, and becomes the property of the landlord, who must pay the tenant the fair value thereof to an incoming tenant of the holding; any difference as to the value will be settled by a reference under the Agricultural Holdings Acts as in case of compensation (e), but without appeal (f).

593. These provisions apply also to every fixture or building affixed or erected by the tenant to or upon a holding acquired by him for the purposes of the trade or business of a market-gardener, when it has been agreed in writing after the 1st January, 1896, that the holding shall be let or treated as a market garden (g). Such tenant may also remove all fruit trees and fruit bushes planted by him on the holding and not permanently set out but if he does not remove such fruit trees and fruit bushes before the termination of his tenancy, such fruit trees and fruit bushes remain the property of the landlord, and the tenant is not entitled to any compensation in respect thereof (h).

594. In the case of a tenancy current on January 1, 1896, if the holding was at that date in use or cultivation as a market garden with the knowledge of the landlord, and the tenant has executed thereon, without previous notice of dissent by the landlord, any of the improvements in respect of which the tenant would have a right of removal in the cases above mentioned, the tenant has the same right of removal of such improvements as he would have if it had been agreed in writing after January 1, 1896, that the holding should be let or treated as a market garden (i) and this

For a reference in case of compensation, see p. 264, ante. If) Agricultural Holdings Act, 1883 (46 & 47 Vict. c. 61), s. 34, as amended by the Act of 1900 (63 & 64 Yict. c. 50), s. 4. (g) Market Gardeners' Compensation Act, 1895 (58 & 59 Vict. c. 27), s. 3 (1). (f)

(h) (i)

Ibid,, sub-s. (5),

Ibid.,

H.L.

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s.

I.

4.

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Tenancies of '^^^g^^g

current in 1896.