Edgar Foà
Published: 2013-09
Total Pages: 330
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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1901 edition. Excerpt: ...v. Grade, 6 Q. B. 145. (A) See pp. 141--143, ante. (i) Roulston v. Clarice, 2 H. Bl. 563. () See Pollitt v. Forrest, 11 Q. B. 949. In this case, however, tho extra amount to be paid was described by the lessor in pleading, not as additional rent, but as a "penalty," and was therefore held to be only recoverable by distress in virtue of a special stipulation in the lease to that effect. Cf. ante, p. 143. I) Ma I/am v. Arden, 10 Bing. 299. m) Supra, p. 431. necessary in such cases (). Thus, where upon the contract for tho sale of a public-house for a sum of 1,575/., it was agreed that the intending purchaser who was let into possession should, until completion, hold as tenant to the vendor at a rent of 80/. per week, it was held that a distress to recover such rent was valid (o). In the ease however of holdings to which the Agricultural Holdings Act applies (p) it is now expressly provided that--except where breaking up pasture, or grubbing underwood, or cutting or injuring trees, or burning heather is concerned--penal rents shall not be distrained for as such, the landlord being no longer entitled to recover anything beyond the damage actually suffered by him in consequence of the breach or non-fulfilment of the tenant's covenant (q). The requisite certainty may be supplied by the aots of the parties after the commencement of the tenancy. Where, for instance, an agreement for a lease failed to specify the amount of rent to be paid, but as a matter of fact a certain rent had been paid by the tenant for two years, the landlord was held entitled to distrain for subsequent rent, as a yearly tenancy could be implied at the rent which had been paid (r). Where rent has in any case to be apportioned (s), the apportioned part may be...
