The 1730 and 1737 Acts should be read together to form one consistent scheme. ‘Statutes in pari materia are to be all taken as one system to suppress the mischief… The Legislature, in [the 1730 Act] made a provision where the landlord gives notice; and afterwards, in [the 1737 Act] this additional provision in case the notice comes from the tenant. The two laws are only parts of the same provision.’ ‘The mischief is an act of vexation, inconvenience, and injustice, by the tenant after notice given by himself, after the landlord has another tenant ready, to stop short and say ‘I won’t quit.’
Judges:
Mansfield CJ
Citations:
[1764] 1 Black W 533
Statutes:
Landlord and Tenant Act 1730, Distress for Rent Act 1737 (II Geo 2, c 19) 18,
Jurisdiction:
England and Wales
Cited by:
Cited – Oliver Ashworth (Holdings) Limited v Ballard (Kent) Limited CA 18-Mar-1999
In order for the landlord to claim double rent where a tenant held over unlawfully after the tenancy was determined, the landlord must not do anything to indicate that the lease might be continuing, for example by denying the validity of break . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 06 December 2022; Ref: scu.188148
