Roman Law

Possession was recoverable where the landlord reasonably re quired the dwelling-house as a residence for himself or any son or daughter over 18 years of age, and the court was satisfied that, having regard to any alternative accommodation available for the landlord or tenant, there would be greater hardship in refusing an order for possession than in granting it (Prevention of Evic tion Act, 1924, s. I). The Rent Restriction Act, 192o, expired, as regards England, on Dec. 25, 1927, and, as regards Scbtland, on March 28, 1928. Part 2 of the act of 1923, which deals with suspension of the recovery of premises, is continued in each case for five years from the date of expiry (act of 1925, s. I).

The Landlord and Tenant Act, 1927, makes provision for compensation for improvements and goodwill on the termination of tenancies of business premises. In lieu of compensation, the grant of a new lease may be ordered in certain cases. The tri bunal for the purposes of the act is the county court, acting on an enquiry and report by one of a panel of referees selected by a reference committee consisting of the lord chief justice of England, the master of the rolls, and the presidents of the Law Society and Surveyors' Institution. Any dispute may, however, be referred by agreement to arbitration. (A. W. R.) Scots Law.—The law of Scotland as to landlord and tenant may be considered under two main heads :—I. Ordinary Leases, II. Building or Long Leases.

I.

Ordinary Leases.—A verbal lease for a year is good. Such a lease for more than a year is not effectual even for a year, except where it has been acted on. At common law, while a lease was binding on the grantor and his heirs, it was not good against "singular successors," i.e., persons acquiring by purchase or ad judication, and the lessee was liable to be ejected by such per sons, unless (a precaution usually taken) sasine of the subjects demised was expressly conferred on him by the lease. To obviate this difficulty, the Scots Act, 1449, c. 18 made possession of the subjects of the lease equivalent to sasine. This enactment applies to leases of agricultural subjects, houses, mills, fisheries and whatever is fundo annexum; provided that (a) the lease, when for more than one year, must be in writing, (b) it must be definite as to subject, rent (which may consist of money, grain or serv ices, if the reddendum, is not illusory) and term of duration, (c) possession must follow on the lease. Special powers of grant ing leases are conferred by statute on trustees (Trusts [Scotland] Act, 1921, 5. 4), and heirs of entail (cf. Entail Act, 1882, ss. 5, 6, 8, 9). A life-renter can only grant a lease that is effectual during the subsistence of the life-rent. There is practically no limitation, but the will of the parties, as to the persons to whom a lease may be granted. A lease granted to a tenant by name will pass, on his death during the subsistence of the term to his heir-at-law, even if the lease contains no destination to heirs. The rights and obligations of the lessor and the tenant (e.g., as to the use of the produce, the payment of rent, the quiet pos session of the subjects demised, and as to the payment of rates and taxes) are similar to those existing under English law. An agricultural lease does not, apart from stipulation, confer any right to kill game, other than hares and rabbits (as to which, see the Ground Game Act, 1880, and GAME LAWS) or any right of fishing. A tenant is not entitled, without the landlord's consent, to change the character of the subjects demised. He is bound to

quit the premises on the expiration of the lease. Ejection will not be authorized unless the tenant received 4o days' warning before the term of removal in the case of urban leases for a year or upwards, six months' warning in the case of agricultural leases for one year, and one year's warning in the case of agricultural leases for more than one year. In the absence of such notice, the parties are held to renew their agreement in all its terms, and so on from year to year till due notice is given. This renewal is called "tacit relocation." A lease may be transmitted (i.) in the case of an urban lease, unless assignees are expressly excluded, by "assignation," intimated to the landlord, and followed by possession on the part of the assignee; (ii.) by succession, as of the heir of a tenant; (iii.) in the case of agricultural holdings, by bequest (Agricultural Holdings [Scotland] Act, 1923, s. 28). An urban lease, unless subtenants are expressly excluded, may be sublet. A lease terminates (i.) by the expiration of its term or by advantage being taken by the party in whose favour it is stipulated of a "break" in the term ; (ii.) by the occurrence of an "irritancy," either conventional, or statutory, e.g., where a ten ant's rent is in arrears or he fails to remove on the expiry of his lease (Act of Sederunt, Dec. 14, 1756: Agricultural Holdings Act, 1923, s. 25) ; (iii.) by the bankruptcy or insolvency of the tenant, at the landlord's option, if it is so stipulated in the lease; (iv.) by the destruction, e.g., by fire, of the subject leased, unless the landlord is bound to restore it. Complete destruction of the sub ject leased, e.g., where a house is burnt down, or a farm is re duced to "sterility" by flood or hurricane, discharges the tenant from the obligation to pay rent. The effect of partial destruction has given rise to some uncertainty. "The distinction seems to be that if the destruction be permanent, though partial, the failure of the subject let will give relief by entitling the tenant to re nounce 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 Principles, 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 pay ment is before the crop is reaped, sometimes after. "The terms thus stipulated are called 'the conventional terms'; the rent pay able 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 and 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, etc., the corn.