1987 Ed.]
Distress for Rent Act 1737
[App. IIA
Item 33
*
15. Rents recoverable from under-tenants, where tenants for life die before the lease is expired. And whereas where any lessor or landlord having only an estate for life in the lands, tenements, or hereditaments demised, happens to die before or on the day on which any rent is reserved or made payable, such rent or any part thereof is not by law recoverable by the executors or administrators of such lessor or landlord, nor is the person in reversion entitled thereto any other than for the use and occupation of such lands, tenements, or hereditaments, from the death of the tenant for life; of which advantage hath been often taken by the under-tenants, who thereby avoid paying anything for the same: For remedy whereof from and after the twenty-fourth day of June one thousand seven hundred and thirty-eight, where any tenant for life shall happen to die before or on the day on which any rent was reserved or made payable upon any demise or lease of any lands, tenements, or hereditaments, which determined on the death of such tenant for life, that the executors or administrators of such tenant for life shall and may, in an action on the case, recover of and from such under-tenant or under-tenants of such lands, tenements, or hereditaments, if such tenant for life die on the day on which the same was made payable, the whole, or if before such day, then a proportion of such rent according to the time such tenant for life lived of the last year or quarter of a year or other time in which the said rent was growing due as aforesaid, making all just allowances or a proportionable part thereof respectively.
16. Provision for landlords, where tenants desert the premises. ----And whereas landlords are often great sufferers by tenants running away in arrear, and not only suffering the demised premises to lie uncultivated without any distress thereon, whereby their landlords or lessors might be satisfied for the rent-arrear, but also refusing to deliver up the possession of the demised premises, whereby the landlords are put to the expense and delay of recovering in ejectment: Be it further enacted by the authority aforesaid, that from and after the said twenty-fourth day of June one thousand seven hundred and thirty-eight, if any tenant holding any lands, tenements, or hereditaments at a rack-rent, or where the rent reserved shall be full three fourths of the yearly value of the demised premises, who shall be in arrear for one year's rent, shall desert the demised premises and leave the same uncultivated or unoccupied, so as no sufficient distress can be had to countervail the arrears of rent, it shall and may be lawful to and for two or more justices of the peace of the county, riding, division, or place (having no interest in the demised premises), at the request of the lessor or landlord, lessors or landlords, or his, her, or their bailiff or receiver, to go upon and view the same, and to affix or cause to be affixed on the most notorious part of the premises, notice in writing what day (at the distance of fourteen days at least) they will return to take a second view thereof; and if upon such second view the tenant, or some person on his or her behalf, shall not appear and pay the rent in arrear, or there shall not be sufficient distress upon the premises,
27
1987 Ed.]
Distress for Rent Act 1737
[App. IIA
Item 33
*
15. Rents recoverable from under-tenants, where tenants for life die before the lease is expired. And whereas where any lessor or landlord having only an estate for life in the lands, tenements, or hereditaments demised, happens to die before or on the day on which any rent is reserved or made payable, such rent or any part thereof is not by law recoverable by the executors or administrators of such lessor or landlord, nor is the person in reversion intitled thereto any other than for the use and occupation of such lands, tenements, or hereditaments, from the death of the tenant for life; of which advantage hath been often taken by the under-tenants, who thereby avoid paying any thing for the same: For remedy whereof from and after the twenty fourth day of June one thousand seven hundred and thirty eight, where any tenant for life shall happen to die before or on the day on which any rent was reserved or made payable upon any demise or lease of any lands, tenements, or hereditaments, which determined on the death of such tenant for life, that the executors or administrators of such tenant for life shall and may, in an action on the case, recover of and from such under-tenant or under-tenants of such lands, tenements, or heredita- ments, if such tenant for life die on the day on which the same was made payable, the whole, or if before such day, then a proportion of such rent according to the time such tenant for life lived of the last year or quarter of a year or other time in which the said rent was growing due as aforesaid, making all just allowances or a propor- tionable part thereof respectively.
16. Provision for landlords, where tenants desert the premisses. ----And whereas landlords are often great sufferers by tenants run- ning away in arrear, and not only suffering the demised premisses to lie uncultivated without any distress thereon, whereby their land- lords or lessors might be satisfied for the rent-arrear, but also refusing to deliver up the possession of the demised premisses, whereby the landlords are put to the expence and delay of recovering in ejectment: Be it further enacted by the authority aforesaid, that from and after the said twenty fourth day of June one thousand seven hundred and thirty eight, if any tenant holding any lands, tenements, or hereditaments at a rack-rent, or where the rent reserved shall be full three fourths of the yearly value of the demised premisses, who shall be in arrear for one year's rent, shall desert the demised premisses and leave the same uncultivated or unoccupied, so as no sufficient distress can be had to countervail the arrears of rent, it shall and may be lawful to and for two or more justices of the peace of the county, riding, division, or place (having no interest in the demised premisses), at the request of the lessor or landlord, lessors or landlords, or his, her, or their bailiff or receiver, to go upon and view the same, and to affix or cause to be affixed on the most notorious part of the premisses, notice in writing what day (at the distance of fourteen days at least) they will return to take a second view thereof; and if upon such second view the tenant, or some person on his or her behalf, shall not appear and pay the rent in arrear, or there shall not be sufficient distress upon the premisses,
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