destruction be permanent, though partial, the failure of the subject let will give relief by entitling the tenant to renounce the lease, unless a deduction shall be allowed, but that if it be merely temporary or occasional, it will not entitle the tenant to relief” (Bell’s Prin. s. 1208). Agricultural leases usually contain special provisions as to the order of cropping, the proper stocking of the farm, and the rights of the incoming and outgoing tenant with regard to the waygoing crop. Where the rent is in money, it is generally payable at Whitsunday and Martinmas—the two “legal terms.” Sometimes the term of payment is before the crop is reaped, sometimes after. “The terms thus stipulated are called ‘the conventional terms’; the rent payable by anticipation being called ‘forehand rent,’ that which is payable after the crop is reaped, ‘back rent.’ Where the rent is in grain, or otherwise payable in produce, it is to be satisfied from the produce of the farm, if there be any. If there be none the tenant is bound and entitled to deliver fair marketable grain of the same kind.” (Bell’s Principles, ss. 1204, 1205). The general rule with regard to “waygoing crops” on arable farms is that the tenant is entitled to reap the crop sown before the term of removal (whether or not that be the natural termination of the lease), the right of exclusive possession being his during seed time. But he is not entitled to the use of the barns in threshing, &c., the corn.
The Agricultural Holdings (Scotland) Acts 1883 and 1900, already referred to incidentally, contain provisions—similar to those of the English acts—as to a tenant’s right to compensation for unexhausted improvements, removal for non-payment of rent, notice to quit at the termination of a tenancy, and a tenant’s property in fixtures. The Crofters’ Holdings (Scotland) Acts 1886, 1887 and 1888, confer on “crofters” special rights. A crofter is defined as “a tenant of a holding”—being arable or pasture land, or partly arable and partly pasture land—“from year to year who resides on his holding, the annual rent of which does not exceed £30 in money, and which is situated in a ‘crofting parish.’” Nearly all the parishes in Argyll, Inverness, Ross, Cromarty, Sutherland, Caithness and Orkney and Shetland answer to this description. The crofter enjoys a perpetual tenure subject to the fulfilment of certain conditions as to payment of rent, non-assignment of tenancy, &c., and to defeasance at his own option on giving one year’s notice to the landlord. A Crofters’ Commission constituted under the acts has power to fix fair rents, and the crofter on renunciation of his tenancy or removal from his holding is entitled to compensation for permanent improvements. The Small Holdings Act 1892 applies to Scotland.
Under the law of Scotland down to 1880, a landlord had as security for rent due on an agricultural lease a “hypothec”—i.e. a preferential right over ordinary creditors, and extending, subject to certain limitations, over the whole stock and crop of the tenant. This right was enforceable by sequestration and sale. It was abolished in 1880 as regards all leases entered into after the 11th of November 1881, where the land demised exceeded two acres in extent, and the landlord was left to remedies akin to ejectment (Hypothec Abolition, Scotland, Act 1880).
II. Building or Long Leases.—Under these leases, the term of which is usually 99 and sometimes 999 years, the tenant is to a certain extent in the position of a fee simple proprietor, except that his right is terminable, and that he can only exercise such rights of ownership as are conferred on him either by statute or by the terms of his lease. Extensive powers of entering into such leases have been given by statute to trustees subject to the authority of the Court (Trusts [Scotland] Act 1867, s. 3) and to heirs of entail (Entail Acts 1840, 1849, 1882). Where long leases are “probative,” i.e. holograph or duly tested, do not exceed 31 years, or, except as regards leases of mines and minerals, and of lands held by burgage tenure, relate to an extent of land exceeding 50 acres, and contain provisions for renewal, they may be recorded for publication in the Register of Sasines, and such publication has the effect of possession (Registration of Leases [Scotland] Act 1857).
Ireland.—The law of landlord and tenant was originally substantially the same as that described for England is. But the modern Land Acts have readjusted the relation between landlords and tenants, while the Land Purchase Acts have aimed at abolishing those relations by enabling the tenant to become the owner of his holding. The way was paved for these changes by the existence in Ulster of a local custom having virtually the force of law, which had two main features—fixity of tenure, and free right of sale by the tenant of his interest. These principles, with the addition of that of fair rents settled by judicial means, were gradually established by the Land Acts of 1870 and subsequent years, and the whole system was remodelled by the Land Purchase Acts (see Ireland).
United States.—The law of landlord and tenant in the United States is in its principles similar to those of English law. It is only possible to indicate, by way of example, some of the points of similarity. The relationship of landlord and tenant is created, altered and dissolved in the same way, and the rights and duties of parties are substantially identical. A lease must contain, either in itself or by clear reference, all the terms of a complete contract—the names of the parties, description of the property let, the rent (see Rent) and the conditions. The date is not essential. That is a matter of identification as to time only. In Pennsylvania, parol evidence of the date is allowed. The general American doctrine is that where the contract is contained in separate writings they must connect themselves by reference, and that parol evidence is not admissible to connect them. The English doctrine that a verbal lease may be specifically enforced if there has been part performance by the person seeking the remedy has been fully adopted in nearly all the American states. The law as to the rights and obligations of assignees and sub-lessees and as to surrender is the same as in England. Forfeiture only renders a lease void as regards the lessee; it may be waived by the lessor, and acceptance by the landlord of rent due after forfeiture, with notice of such forfeiture, amounts to waiver. Where there is a lease for a certain period, no notice to quit is necessary. In uncertain tenancies there must be reasonable notice—i.e. at common law six months generally. The notice necessary to determine a monthly or weekly tenancy is generally a month or a week (see further under Lodger; Lodgings). In the United States, as in England, the covenant for quiet enjoyment only extends, so far as relates to the acts of third parties, to lawful acts of disturbance in the enjoyment of the subject agreed to be let.
Laws of other Countries.—It is impossible here to deal with the systems of land tenure in force in other countries. Only the question of the legal relations between landlord and tenant can be touched upon. In France, the Code Civil recognizes two such relationships, the letting to hire of houses (bail à loyer) and the letting to farm of rural properties (bail à ferme). To a certain extent, both forms of tenancy are governed by the same rules. The letting may be either written or verbal. But a verbal lease presents this disadvantage that, if it is unperformed and one of the parties denies its existence, it cannot be proved by witnesses. The party who denies the letting can only be put to his oath (Arts. 1714–1715). It may further be noted that in the case of a verbal lease, notice to quit is regulated by the custom of the place (Art. 1736). The tenant or farmer has the right of underletting or assigning his lease, in the absence of prohibiting stipulation (Art. 1717). The lessor is bound by the nature of his contract and without the need of any particular stipulation (i.) to deliver to the lessee the thing hired in a good state of repair; (ii.) to maintain it in a state to serve the purpose for which it has been hired; (iii.) to secure to the lessee peaceable enjoyment during the continuance of the lease (Arts. 1719–1720). He is bound to warrant the lessee against, and to indemnify him for, any loss arising from any faults or defects in the thing hired which prevent its use, even though he was not aware of them at the time of the lease (Art. 1721). If during the continuance of the letting, the thing hired is entirely destroyed by accident, the lease is cancelled. In case of partial destruction, the lessee may, according to circumstances, demand either a diminution of the price, or the cancellation of the lease. In neither case is there ground for damages (Art. 1722). The lessor cannot, during the lease, change the form of the thing hired (Art. 1723). The lessee is bound, on his side (i.) to use the thing hired like a good head of a household (bon père de famille), in accordance with the express or presumed purpose of the hiring; (ii.) to pay the price of the hiring at the times agreed (Art. 1728). On breach of the former obligation, the lease may be judicially cancelled (Art. 1729). As to the consequences of breach of the latter, see Rent. If a statement of the condition of the property (état des lieux) has been prepared, the lessee must give it up such as he received it according to the statement, except what has perished or decayed by age or by means of force majeure (Art. 1730). In the absence of an état des lieux, the lessee is presumed to have received the thing hired in a good state of tenantable repair, and must so yield it up, saving proof to the contrary (Art. 1731). He is liable for injuries or losses happening during his enjoyment, unless he prove that they have taken place without his fault (Art. 1732); in particular, for loss by fire unless he show that the fire happened by accident, force majeure, or defect of construction, or through communication from a neighbouring house (Art. 1733). The lessee is
