No tenant, in the absence of an agree ment to that effect, is bound to rebuild after accidental destruction of the pre mises by fire. But under a general cove nant to repair, and leave repaired, the tenant is bound to rebuild even in the case of destruction by fire.
In agricultural tenancies the lease ge nerally determines the mode in which the farm is to be treated. [LEAss.] Un less also the lease expressly or impliedly excludes the operation of the custom of the country, the tenant is bound to con form to it. The custom of the country means the general practice employed in neighbouring farms of a similar descrip tion, with reference to rotation of crops, keeping up fences, and other like matters. In leases of farms it is often the practice to protect the landlord against certain acts of the tenant, such as ploughing up meadow land, &c., by introducing certain provisions into the lease. These provi sions may operate according to the phraseology either to assign a pe nalty or to determine the liquidated da mages agreed to be paid for the act done. It is often a matter of great importance and of some nicety to determine under which class the provisions fall. If under the first, the landlord is not entitled to the whole penalty upon the act being done, but he can only recover in an action the amount of the actual damage which has accrued. If under the second, he is entitled to the whole amount of the da mages agreed on. A covenant by a tenant not to plough up meadow under a penalty of 5/. for every acre ploughed, is an instance of the first class: a covenant to pay 5/. rent for every acre of meadow ploughed up, is of the second class. The right to timber and timber-like trees be longs to the landlord ; loppings of pol lards and bushes, to the tenant. Different definitions prevail in different counties of timber and timber-like trees, and various customs prevail as to what amount of wood the tenant may be allowed to em ploy (after the landlord has been called on to select it for the purposes of the farm. No tenant, unless he employs the
land as a nurseryman or gardener, can remove any kind of shrub from the soil. Neither can a tenant remove fixtures, though put down by himself. A fixture is a chattel which is let into the soil, or united to some other which is let in. There are some exceptions to this rule in favour of fixtures used for the purpose of trade or agriculture, or merely orna mental purposes, where the removal will cause little or no damage. (Amos and Ferard, On Fixtures.) The tenant in occupation of the pre mises is, in the first instance, liable for all taxes and rates of every description due in respect of the premises. The party therefore who is authorised to col lect them may proceed against the tenant in occupation to recover them. It is generally a matter of agreement between the landlord and tenant that the tenant shall pay all rates and taxes except the land tax ; and sometimes it is agreed that the landlord shall pay the sewer rate also If, however, the landlord has undertaken to pay the tenant the rates and taxes, and fails to do so, the tenant may deduct the amount from his rent, or bring an action to recover it; but this should be done during the current year, and if the tenant allows a considerable time to elapse with claiming a deduction or bringing an action, he will be held to have waived his claim to recover them from the land lord.
Where a fixed rent has been agreed upon, has become due, and is neither paid nor tendered, the landlord, with certain exceptions, can seize growing crops, any kind of stock, goods, or chattels, upon the premises, or pasturing any common enjoyed in right of the premises, whether such things are the actual property of the tenant or not ; and if the rent remains unpaid, he may sell them. It follows from this general rule that a landlord can distrain on the goods of a lodger who occupies under his tenant [Dm TRESS; RENT.] As to a surrender of a lease, see STA