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The tenant gave notice to quit but failed to leave the premises by the due date (Michaelmas). The landlord sued for ejectment, but then accepted a quarter’s rent (due at Christmas). Did this create a new tenancy?
Held: The issue depended on . .
Where a tenant gave an invalid notice to quit, which accordingly did not have effect to determine the tenancy, upon his holding over after the notice was given the landlord was not entitled to double rent under s. 18. (Bayley J) ‘I think that the . .
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 . .
‘The statutes of [1730] and [1737] being in pari materia ought to have the same construction’. . .
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 . .
Break clauses had been exercised on behalf of the plaintiffs. The defendant landlords appealed a decision upholding the notices. A penalty rent had been sought.
Held: There had been no sufficient agency established to validate the notice. The . .