The landowner is made liable to pay the rent charge in spite of any contract to the contrary between him and the occupier; the rent charge if in arrear for three months is recoverable by an order of the county court, whatever its amount may be: if the land is occupied by the owner, the order is executed by the same means as those prescribed in the Tithe Acts; but if it is not, then by a receiver being appointed for the rents and profits of the land: neither landlord nor occupier is personally liable for payment; and appeal lies to the High Court on points of law; and a remission of rent charge may be claimed when its amount exceeds two-thirds of the annual value of the land.
The steam mains to the houses are laid by the supply company; the internal pipes and fittings are paid for or rented by the occupier, costing for an installation from £30 for an ordinary eight-roomed house to £Ioo or more for larger buildings.
9d.), the other levied on every occupier of a furnished house or of apartments in proportion to its rental value.
The owner in fee and life tenant, the occupier, whether of large or of small holding, whether under lease, or custom, or agreement, or the provisions of the Agricultural Holdings Act - all without distinction have been involved in a general calamity."
Amongst legislative measures of importance to agriculturists mention should be made, in addition to those that have been referred to, of the Tithe Rent-charge Recovery Act 1891, which transfers the liability for payment of tithe from the occupier to the owner.
In default of relatives, (3) some person present at the death, or the occupier of the house in which, to his knowledge, the death took place.
The method of recovering rent charge under the Commutation Acts was distraint where the rent charge is in arrear for twentyone days after the half-yearly days of payment, and entry and possession with power of letting if it is in arrear for forty days, and arrears for two years are so recoverable: this power of distress and entry extends to all lands occupied by the occupier of the land whose tithe is in arrear as owner or under the same landlord; but no action lies against the owner or occupier of the land personally.
The act of 1891, has, however, altered this method of recovering tithes, and substituted another intended to shift the burden of responsibility from the occupier to the landowner, by making the latter directly and solely responsible, but giving the remedy against the land.
The conclusions at which he arrives are in the main as follows: a tax on raw produce falls on the consumer, but will also diminish profits; a tax on rents on the landlord; taxes on houses will be divided between the occupier and the ground landlord; taxes on profits will be paid by the consumer, and taxes on wages by the capitalist.
The owner or occupier of any premises is entitled as of right to cause his drain to be connected with any sewer, on condition only of his giving notice and complying with the regulations of the council as to the mode in which the communication is to be made, and subject to the control of any person appointed by the council to superintend the work.
Moreover, the owner or occupier of premises without the district has the same right, subject only to such terms and conditions as may be agreed or, in case of dispute, settled by justices or by arbitration.
If a house does not possess a sufficient drain, the occupier may be required to provide one, and to cause it to discharge into a sewer if there is one within zoo ft.
In the event of such discovery by them or of information given to them of the existence of any such nuisance, the district council are required to serve a notice requiring the abatement of the nuisance on the person by whose act, default or sufferance it arises or continues, or if such person cannot be found, on the owner or occupier of the premises at which the nuisance arises.
If the nuisance arises from the absence or defective construction of any structural convenience, or if there is no occupier of the premises, the notice must be served upon the owner.
Of these the first is that the owner may be rated instead of the occupier, at the option of the urban authority, where the value of the premises is under Rio, where the premises are let to weekly or monthly tenants, or where the premises are let in separate apartments, or the rents become payable or are collected at any shorter period than quarterly.
It is paid, in the first instance, in the case of land or houses, by the occupier, and where the occupier is a tenant it is recovered by him from the owner.
A householder is assessed as occupier, but he may be "compounded for," and really know nothing of the payment, though it is supposed to come out of his income.
Next there has been misconception, arising from the same cause, in the constant attempt to charge the occupier of lands and houses with rates, although the real effect of the rates must be, as a rule, to diminish the value of the property affected like an old-established land tax, so that rates, properly speaking, do not fall upon either owner or occupier.
It would be hard, however, to persuade the mass of occupiers in England that they do not pay the rates, so that the expedient of dividing the rates between owner and occupier, though it cannot affect their real incidence to a substantial extent, constantly finds favour.
This rate is made upon the occupier and not upon the landlord, and the occupier is not entitled, save in a few specified cases, to deduct any of the rate from his rent.
The consolidated rate was now paid by the occupier, who would profit by economy and lose by extravagance.
All land lying vacant or unused, or to which the occupier is unable to produce any title, is vested in the crown.