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 the intention of the parties. Referring to the landlord accepting a single rent: … Continue reading Doe Ex Dim Cheny v Batten: 13 Feb 1775
‘The statutes of [1730] and [1737] being in pari materia ought to have the same construction’. Judges: Blackstone J Citations: (1776) 2 W Bla 1075 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 … Continue reading Cutting v Derby: 1776
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 … Continue reading Timmins v Rowlison: 1764
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 clause. In construing an Act, regard must be had to the whole of … Continue reading Oliver Ashworth (Holdings) Limited v Ballard (Kent) Limited: CA 18 Mar 1999
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 Legislature did not intend to punish the tenant for his … Continue reading Johnstone v Hudlestone: 1825
