- A tenancy at will is one which endures at the will of the parties only, i.e.
Properly speaking, tenancy at sufferance is not a tenancy at all, inasmuch as if the landlord acquiesces in it, it becomes a tenancy at will; and it is to be regarded merely as a legal fiction which prevented the rightful owner from treating the tenant as a trespasser until he had himself made an actual entry on or had brought an action to recover the land.
The contract of tenancy may also be altered by operation of law.
The theory, as expressed in legal phrase by St Cyprian in the 3rd century, was that the apostolic power of delegated sovereignty from the Lord, alike legislative and judicial, was held in joint-tenancy by the whole body of Catholic bishops.
- This tenancy may be created by express agreement between the parties, or by implication as, e.g.
There is no tenancy by sufferance against the crown.
This is one form of tenancy by estoppel.
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.
As representative of the landowners of Berar and Bengal he took an important part in the discussion on the Bengal Tenancy Bill.
If he profess, however, to create a tenancy for a period longer than that to which his own interest extends, he does not thereby give to his tenant an interest available against the reversioner or remainder man.
(ii.) Tenancy for Years, i.e.
Here the tenancy ends on the expiry of the prescribed term, without notice to quit or any other formality.
(iii.) Tenancy from Year to Year.
In the absence of express agreement or custom or statutory provision (such as is made by the Agricultural Holdings Act 1883), a tenancy from year to year is determinable on half a year's notice expiring at the end of some current year of the tenancy.
Where there is no express stipulation creating a yearly tenancy, if the parties have contracted that the tenant may be dispossessed by a notice given at any time, effect will be given to this provision.
The common law doctrine of a six months' notice being required to terminate a tenancy from year to year of a corporeal hereditament, does not apply to an incorporeal hereditament such as a right to shoot.
(v.) Tenancy at Will.
Any signification of a desire to terminate the tenancy, whether expressed as " notice " or not, will bring it to an end.
This form of tenancy, like tenancy from year to year, may be treated either by express contract or by implication, as where premises are occupied with the consent of the owner, but without any express or implied agreement as to the duration of the tenancy, or where a house is lent rent free by one person to another.
A tenancy at will is determined by either party alienating his interest as soon as such alienation comes to the knowledge of the other.
(vi.) Tenancy at Suferance.- A tenant who comes into possession by a lawful demise, but " holds over " or continues in possession after his estate is ended, is said to be a " tenant at sufferance."
Where there is an unqualified covenant to repair, and the premises during the tenancy are burnt down, or destroyed by some other inevitable calamity, the tenant is bound to rebuild and restore them at his own expense, even although the landlord has taken out a policy on his own account and been paid by the insurance company in respect of it.
A breach of the covenant to repair gives the landlord an action for damages which will be measured by the estimated injury to the reversion if the action be brought during the tenancy, and by the sum necessary to execute the repairs, if the action be brought later.
An assignment which creates the relationship of landlord and tenant between the lessor or lessee and the assignee, must be by deed, but the acceptance by a landlord of rent from a tenant under an invalid assignment may create an implied tenancy from year to year; and similarly payment of rent by a tenant may amount to an acknowledgment of his landlord's title.
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.
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 forfeiture is also 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.
A tenancy may also be determined by merger, i.e.
There may also be a surrender, either voluntary or by operation of law, which will determine a tenancy, as, for example, when a tenant is party to some act, the validity of which he is legally estopped from denying and which would not have been valid had the tenancy continued to exist.
Such customary tenant right only arises at the expiration of the lease, and on the substantial performance of the covenants; and is forfeited if the tenant abandons his tenancy during the term.
The Agricultural Holdings (Scotland) Acts 1883 and 1900, already referred to incidentally, contain provisions - similar to those of the English acts - as to a tenant's right to compensation for unexhausted improvements, removal for non-payment of rent, notice to quit at the termination of a tenancy, and a tenant's property in fixtures.
There appear to have been gambling-tables at Monte Carlo in the year 1856, but it was in 1861 that Francois Blanc, seeing his tenancy at Homburg coming to an end, with no hope of renewal, obtained a concession for fifty years from Charles III.
In order to farm these, the Church and the rich landowners granted back the holdings on the temporary and conditional terms of tenancy-at-will or of the beneficium, thus multiplying endlessly the land subject to their overlordship and the men who were dependent upon them as tenants.
The Land Law of 1860, known as Deasy's Act, had been based on the principle that every tenancy rested on contract either expressed or implied.
Tenancy by courtesy was abolished in 1883, but the right of dower still obtains; the widow's acceptance of a distributive share in her husband's estate, however, bars her dower.
Later the Bengal Tenancy Act of 1885, since amended by an act of 1898, created various classes of privileged tenants, including one class known as " settled ryots," in which the qualifying condition is holding land, not necessarily the same land, for twelve years continuously in one village.
It is believed that the ryots will eventually be able to secure, and to hold against all corners, the strong legal position which the Bengal Tenancy Act has given them.
The Famine Commission of 1901 suggested the following measures with a view to improving the position of the Bombay ryot: (1) A tenancy law to protect expropriated ryots, (2) a bankruptcy law, (3) the limitation of the right of transfer, in the interests of ryots who are still in possession of their land.
In addition nearly every province has its own laws regulating the subject of tenancy; the tenancy laws of the United Provinces and of the Central Provinces were revised and amended during the decade 1891-1901.
In the following year he was again looking for a country house, and lighted upon Kelmscott manor house, in the Upper Thames valley, which he took at first in joint-tenancy with Rossetti and used principally as a holiday home.
The system of nineteen years' leases had proved distinctly superior to the system of yearly tenancy so general in England, although prejudicially affected by customs and conditions which, for a considerable time, seriously strained the relations between landlord and tenant.
During the tenancy of Henry Fox, third Lord Holland (1773-1840), the house gained a European reputation as a meeting-place of statesmen and men of letters.