Another form of alteration in a contract of tenancy is an under lease, which differs from assignment in this—that the lessor parts with a portion of his estate instead of, as in assignment, with the whole of it. There is no privity of contract between an under lessee and the superior landlord, but the latter can enforce against the former restrictive covenants of which he had notice; it is the duty of the underlessee to inform himself as to the covenants of the original lease, and, if he enters and takes possession, he will be considered to have had full notice of, and will be bound by, these covenants.
Tenancy is dissolved by the expiry of the term for which it was created, or by forfeiture of the tenant's interest on the ground of the breach of some condition by the tenant and re-entry by the landlord. A breach of condition may, however, be waived by the landlord, and the legislature has made provision for the relief of the tenant from the consequences of such breaches in certain cases. Relief from forfeiture and rights of re-entry are regulated chiefly by the Law of Property Act, 1925. A right of re-entry or forfeiture is not to be enforce able unless and until the lessor has served on the lessee a written notice specifying the breach of covenant or condition complained of, and requiring him to remedy it or make compensation, and this demand has not within a reasonable time been complied with (s. 146) ; and when a lessor is proceeding to enforce such a right the court may, if it think fit, grant relief to the lessee. A for feiture may be waived if the landlord elects not to take advantage of it—and shows his election either expressly or impliedly by some act, which acknowledges the continuance of the tenancy, e.g., by the acceptance of, or even by an absolute and unqualified demand for, rent, which has accrued due since the forfeiture. But an actual waiver by the lessor of the benefit of any covenant is not to be treated as a general waiver of the benefit of such covenant, unless intended to be so (s. 148).
A tenancy may also be determined by merger, i.e., where a greater and a less estate coincide and meet in one and the same person, without any intermediate estate, as, for instance, when a tenant for years obtains the fee simple. There may also be a surrender, either voluntary or by operation of law, which will determine a tenancy.
The land, on the expiration of the tenancy, becomes at common law the absolute property of the landlord, no matter how it may have been altered or improved during the occupation. In certain
cases, however, the law has discriminated between the contending claims of landlord and tenant. (See FIXTURES; EMBLEMENTS.) The law as to EJECTMENT is dealt with under that heading.
Reference may be made, in conclu sion, to a few modern statutes which have affected the law of landlord and tenant. The Agricultural Holdings Act, 1923, gives to an agricultural tenant, on quitting his holding, a right to com pensation for (i.) certain specified improvements, e.g. (sched. I., pt. 1) erection or enlargement of buildings, laying down of per manent pasture, making of gardens or fences made by him with his landlord's previous consent in writing (ss. I, 2) ; (ii.) drain age executed after written notice to the landlord (s. 3 and sched. I., pt. I) ; (iii.) certain other improvements, e.g. (sched. I., pt. 3) chalking of land, clay burning, manuring, without the landlord's consent (s. 4). The statute also provides for compensation in respect of increased or diminished value of holding (s. 9), dam age by game disturbance (s. 12) ; for the settlement of differences (s. I I) ; by arbitration (s. 16), and for the extension of tenancies under leases for two years or upwards (s. 23). Agricultural ten ants, notwithstanding any custom and agreement, are at liberty to practice any reasonable system of cropping or disposal of produce (s. 3o). The right to distrain for rent does not extend to rent due for more than a year before the distress (s. 34), and live stock belonging to another person taken in by the tenant to be fed and protected (s. 35). There are special provisions as to market gardens (ss. 48 and 49). (See also ALLOTMENTS and the Allotments Act, 1922.) Any contract by a tenant, whether under seal or not, taking away and limiting his right to compensation, is to that extent void (s. 5o).
Under the Increase of Rent and Mortgage Interest (Restric tion) Acts, 192o-25, landlords of dwelling-houses to which those statutes apply were prevented, during their continuance, from raising, except by certain specified additions, the rents above what was termed "the standard rent," i.e., the rents at which any such dwelling-house was let on, or last before, or first after, Aug. 3, 1914, and, save in certain cases, from recovering possession of such dwelling-houses on the termination of any tenancy.