A Short History of English AgricultureCurtler, W. H. R. (William Henry Ricketts)
History
A Short History of English Agriculture
Curtler, W. H. R. (William Henry Ricketts)
Agriculture -- England -- History
The Act also effected three other important alterations in the law;
first, as to 'Notices to Quit', a year's notice being necessary where
half a year's notice had been sufficient, though this section might be
excluded by agreement; secondly, after January 1, 1885, the landlord
could only distrain for one year's rent instead of six years as
formerly; and thirdly, as to fixtures. These formerly became the
property of the landlord on the determination of the tenancy, but by
14 & 15 Vict. c. 25 an agricultural tenant was enabled to remove
fixtures put up by him with the consent of his landlord for
agricultural purposes. Now all fixtures erected after the commencement
of the Act were the property of and removable by the tenant, but the
landlord might elect to purchase them.
This Act was amended by the Act of 1900 (63 & 64 Vict. 50), and has
been much altered by the Agricultural Holdings Act of 1906 (6 Edw.
VII, c. 56), which has treated the landlord with a degree of severity,
which considering the excellent relations that have for the most part
existed between English landlords and tenants for generations, is
utterly unwarranted. In several respects indeed he has been treated by
the Act as if the land did not belong to him, while freedom of
contract, until recent years one of the most cherished principles of
our law, is arbitrarily interfered with. The chief alterations made by
the Act of 1906 were:--
1. _Improvements._--By the Act of 1883, in the valuation for
improvements under the first schedule, such part of the improvement as
is justly due to the inherent capabilities of the soil was not
credited to the tenant This provision is repealed by the Act of 1906,
in reference to which it must be said that the latent fertility of the
soil, sometimes very considerable, may be developed by a small outlay
on the part of the tenant for which outlay he is certainly entitled to
compensation. But the greater part of the improvement may be due to
the soil which belongs to the landlord, yet the Act credits the tenant
with the whole of this improvement. An addition is made to the list of
improvements which a tenant may make without his landlord's consent
and for which he is entitled on quitting to compensation, viz. repairs
to buildings, being buildings necessary for the proper working of the
holding, other than repairs which the tenant is obliged to execute.
2. _Damage by Game._ A tenant may now claim compensation for damage to
crops by deer, pheasants, partridges, grouse, and black game.
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