1964_APPENDIX_IIA_-_ENGLISH_ACTS — Page 22

1987 Ed.]

Landlord and Tenant Act 1730

[App. IIA

term or terms, and after demand made and notice in writing given for delivering the possession thereof by his or their landlords or lessors or the person or persons to whom the remainder or reversion of such lands, tenements, or hereditaments shall belong, his or their agent or agents thereunto lawfully authorized, then and in such case, such person or persons so holding over shall, for and during the time he, she, and they shall so hold over or keep the person or persons entitled out of possession of the said lands, tenements, and hereditaments as aforesaid, pay to the person or persons so kept out of possession, their executors, administrators, or assigns, at the rate of double the yearly value of the lands, tenements, and hereditaments so detained, for so long time as the same are detained, to be recovered in any of his Majesty's courts of record by action of debt....

5. AND whereas the remedy for recovering rents seck, rents of assize, and chief rents are tedious and difficult: Be it therefore enacted by the authority aforesaid, that from and after the twenty-fourth day of June one thousand seven hundred and thirty-one all and every person or persons, bodies politick and corporate, shall and may have the like remedy by distress and by impounding and selling the same, in cases of rents seck, rents of assize, and chief rents, which have been duly answered or paid for the space of three years, within the space of twenty years before the first day of this present session of Parliament, or shall be hereafter created, as in case of rent reserved upon lease, any law or usage to the contrary notwithstanding.

6. AND whereas many persons hold considerable estates by leases for lives or years, and lease out the same in parcels to several under-tenants, and whereas many of those leases cannot by law be renewed without a surrender of all the under-leases derived out of the same, so that it is in the power of any such under-tenants to prevent or delay the renewing of the principal lease by refusing to surrender their under-leases, notwithstanding they have covenanted so to do, to the great prejudice of their immediate landlords, the first lessees: For preventing such inconveniences and for making the renewal of leases more easy for the future, be it enacted by the authority aforesaid, that in case any lease shall be duly surrendered in order to be renewed, and a new lease made and executed by the chief landlord or landlords, the same new lease shall without a surrender of all or any the under-leases be as good and valid to all intents and purposes as if all the under-leases derived thereout had been likewise surrendered at or before the taking of such new lease; and all and every person and persons in whom any estate for life or lives or for years shall from time to time be vested by virtue of such new lease, and his, her, and their executors and administrators, shall be entitled to the rents, covenants, and duties, and have like remedy for recovery thereof, and the under-lessees shall hold and enjoy the messuages, lands, and tenements in the respective under-leases comprised as if the original leases, out of which the respective under-leases were derived, were still in force and unexpired; and the rents, covenants, and duties reserved and contained in the said under-leases shall be payable and performable to and by the person or persons, and his, her, and their executors and administrators, who shall from time to time be entitled to the same under or by virtue of such new lease.

Item 31

Method of recovering seck rents, &c.

21

Chief leases may be renewed without surrendering all the under-leases.