Thomas Lodge

landlord, rent, tenant, furnished, english, premises and art

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In the latter part of his life—possibly about 1595, when he published his Wits Miserie and the World's Madnesse, which is dated from Low Leyton in Essex, and the religious tract Proso popeia (if, as seems probable, it was his), in which he repents him of his "lewd lines" of other days—he became a Catholic and en gaged in the practice of medicine, for which Wood says he quali fied himself by a degree at Avignon in 1600. Two years after wards he received the degree of M.D. from Oxford university. His works henceforth have a sober cast, comprising translations of Josephus (1602), of Seneca (1614), a Learned Summary of Du Bartas's Divine Sepmaine (1625 and 1637), besides a Treatise of the Plague (1603), and a popular manual, which remained un published, on Domestic Medicine. He was abroad on private affairs in 1616. From this time to his death in 1625 nothing further concerning him remains to be noted.

Lodge's works, with the exception of his translations, were edited for the Hunterian club by Edmund Gosse. The preface was reprinted in Gosse's Seventeenth Century Studies (1883). Of Rosalynde there are numerous modern editions. See also J. J. Jusserand, English Novel in the Time of Shakespeare (Eng. trans., 189o) ; F. G. Fleay, Biographical Chronicle of the English Drama (vol. ii., 1891) ; E. K. Chambers, Elizabethan Stage (1923, etc.), vol. iii. (A. W. WA.) LODGER AND LODGINGS. The term "lodger" is used in English law in several slightly different senses. It is applied (i.) most frequently and properly to a person who takes furnished rooms in a house, the landlord also residing on the premises, and supplying him with attendance; (ii.) sometimes to a person who takes unfurnished rooms in a house finding his own attendance; (iii.) to a boarder in a boarding house (q.v.). It is with (i.) and (ii.) alone that this article is concerned.

Where furnished apartments are let for immediate use, the law implies an undertaking on the part of the landlord that they are fit for habitation, and, if this condition is broken, the tenant may refuse to occupy the premises or to pay any rent. But there is no implied contract that the apartments shall continue fit for habitation; and the rule has no application in the case of un furnished lodgings. There is no implied warranty that the incom ing tenant is a fit and proper person to occupy the lodgings and is not, e.g., suffering from any infectious disease (Humphreys v.

Miller [1917] 2 K. B. 122). In the absence of express agreement to the contrary, a lodger has a right to the use of everything necessary to the enjoyment of the premises, such as the door bell and knocker and the skylight of a staircase. Whether the rent of apartments can be distrained for by the immediate landlord where he resides on the premises and supplies attendance is a question the answer to which is involved in some uncertainty. The weight of authority seems to support the negative view (see Foa, Land lord and Tenant, 3rd ed. p. 434). As to distress on a lodger's goods for rent due by an immediate to a superior landlord see RENT. As to the termination of short tenancies, as of apart ments, see LANDLORD AND TENANT. The landlord has no lien on the goods of the lodger for rent or charges. It has been held in England that keepers of lodging-houses do not come within the category of those persons (see also CARRIER; INNS AND INNKEEPERS) who hold themselves out to the public gener ally as trustworthy in certain employments; but that they are under an obligation to take reasonable care for the safety of their lodgers' goods (see Scarborough v. Cosgrove [1905] 2 K.B. 805). As to Scots Law see Bell's Prin. S. 236 (a).

In the United States, the English doctrine of an implied war ranty of fitness for habitation on a letting of furnished apart ments has only met with partial acceptance ; it was repudiated, e.g., in the District of Columbia, but has been accepted in Massa chusetts. In the French Code Civil there are some special rules with regard to furnished apartments. The letting is reputed to be made for a year, a month or a day, according as the rent is so much per year, per month or per day; if that test is inapplicable, the letting is deemed to be made according to the custom of the place (art. 1,758). There are similar provisions in the Civil Codes of Belgium (art. 1,758), Holland (art. 1,622) and Spain (art. 1,581).

See also the articles, BOARDING-HOUSE, COMMON LODGING-HOUSE and FLAT ; and the bibliographies to FLAT and LANDLORD AND TENANT.

(A. W. R.)

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