The House
The House. Renting and Letting.—Agreement.—In all cases have a memorandum of agreement written in duplicate, stamped, and signed by both parties, each keeping a copy. This should state clearly the commencement of the tenancy and its duration (quarterly, yearly, or for a term of years), the rental, the share of repairs to be borne by the landlord and the share to be done by the tenant, and attached to it should be a schedule detailing the dilapidations (if any) on entering on the tenancy, and any fixtures, such as gaseliers, blinds, &c., which may be intended to be included in the letting, and to remain the property of the landlord. An agreement for a tenancy for three years or less, which, of course, includes a yearly or monthly tenancy, may be made verbally if the rent is two-thirds or more of the full yearly value, which may be assumed to be the rateable value as appearing in the parish books.
Insanitary Houses.—The mere letting of a furnished house implies a contract on the part of the landlord that the house is “fit for human habitation.” What constitutes “fitness” is a matter of degree. The presence of bugs, infection from measles, or defective drains, has each in turn been held to justify the tenant in declaring his tenancy at an end. But with regard to an unfurnished house the law has been in the habit of taking a different view. In such a case the old maxim of “caveat emptor” applies, and the tenant is presumed, in the absence of evidence to the contrary, to have taken the house as he found it. More especially when there is a lease or a written agreement, such a document is presumed to embody all the covenants, on either side, which are required for the protection of the interests of either landlord or tenant; and in such a case no tacit or implied covenant of a conflicting nature can be inferred. The house may be defective in sundry details, but the tenant is presumed to have informed himself beforehand on these points, and to have taken them into consideration when he agreed to the rent. Therefore, every one who is about to take a house should have it properly surveyed before committing himself by signing an agreement even for a yearly tenancy, or should have inserted in the lease an undertaking by the landlord that the drainage of the premises is in perfect order, which possibly would be the better way, as defects in drains are not found out at once. It is possible that the landlord would object to putting a clause of this kind in. It is unusual, but that is no reason why it should not be made usual and universal.
In the case of a house or lodgings in which there has been any dangerous infectious disorder, any person letting the same without a medical man’s certificate as to the satisfactory disinfection thereof is liable to a penalty of 20l.; and any person who lets or shows a house or lodgings, and on being asked whether there has been there any dangerous infectious disorder knowingly makes a false answer, is liable to the same penalty or to a month’s hard labour.
Repairs.—Apart from express agreement, there is no obligation on the landlord to do any repairs whatever, but the tenant is liable to make good any damage done to the premises by his own wilful or negligent conduct, or by his having suffered the house to become ruinous or in decay for want of necessary repairs. If the house is accidentally burnt down, however, the tenant cannot be made to rebuild unless he has agreed to repair and leave in repair, but he will not be relieved from payment of rent.
Possession.—The landlord must give possession at the time mentioned for the commencement of the tenancy, and the tenant’s failure to enter will make no difference as to rent, which commences to accrue due at the time specified.
Rent.—Rent accrues due throughout the whole of the specified term, and is payable on the appointed days, even though the premises may have been burnt down without any fault of the tenant, unless there is provision in the lease for such an event. The tenant cannot be required to pay rent, or a portion of it, before the appointed day, and he has the whole of that day in which to make the payment, and until it has expired no distress can be put in.
Distress.—If the rent is not duly paid as above mentioned the landlord may himself, or by an agent or bailiff, seize all the goods on the premises, with certain exceptions stated below, and may hold them until the rent is paid, or sell them as hereinafter mentioned. The landlord will be liable to an action if goods are seized beyond such a quantity as may be reasonably expected by him to satisfy the rent and expenses, or if the seizure is proceeded with after such a sum has been tendered to him; and if he distrains where no rent is due, and sells the goods, he is liable for double their value. A distress cannot be made between sunset and sunrise, nor can the person distraining break into the house or get in through a chimney, but he may enter through an open window or door, or through a door which he can open from the outside by turning the handle or raising the latch in the ordinary way, and once he has lawfully entered he may break open inner doors. He may not distrain fixtures, gas or water fittings let by the companies to the tenant, goods of strangers which have been delivered to the tenant to be worked upon or taken care of in the way of the tenant’s business, perishable commodities, such as butcher’s meat, or things in actual use at the time of the distress, or perhaps dogs; nor, if there be other things liable and of sufficient value, may he seize the instruments of the trade or profession carried on by any member of the household. Property of the tenant removed fraudulently to avoid distress after sunrise of the rent-day may be followed by the bailiff, and seized at any time within 30 days after removal.
The tenant is entitled to 5 days of grace after seizure in which to pay the rent and expenses, thereby dismissing the bailiff, and recovering all his property. Failing this, the bailiff will call in two appraisers to value the goods, putting a memorandum of the value upon the inventory; the goods may then be sold for the best price that can be got.
When the distraint is for an amount not exceeding 20l., the costs are thus limited—levying distress, 3s.; man in possession, 2s. 6d. a day; advertisements, if any, 10s.; appraisement, 6d. in the £, and for the stamp, 1s., expenses of sale, 1s. in the £ on the net proceeds. In case of excess charges, apply to a justice of the peace. When the rent due is more than 20l. there are no defined rules as to costs, which must, however, be reasonable in amount, being usually one or two guineas for the levy, and 3s. 6d. a day for the man in possession.
It will be seen that the goods of undertenants are liable to distress for rent due by the middleman to the head landlord. Lodgers, however, are specially favoured by Act of Parliament in such a case, but the proceedings necessary to protect their goods are very troublesome. The lodger must deliver to the bailiff a written and signed inventory of his property, with a declaration that he is in lawful possession of it, and that the tenant has no right or interest in any of it; also stating what amount of rent is due from the lodger to the tenant. If the lodger owes any rent he must pay it to the bailiff or landlord instead of to the tenant. If the bailiff or landlord still proceeds with the seizure, the lodger should at once apply to a magistrate for an order for restoration of the property. If the lodger is absent, and leaves no person authorised to act for him during the seizure and succeeding 5 days, his goods are liable to be seized and sold.
Lodgers are liable to distress by their own landlord like other tenants; but in furnished lodgings with attendance, the distress must be limited to the rent of the rooms, and not include the charges for attendance or “extras,” or for food supplied.
Rates and Taxes.—These are almost invariably, if not always, payable in the first instance by the tenant, but he may always deduct any property-tax which he has paid from the next payment of rent, and he may also, unless he has agreed to the contrary, deduct any payment for land-tax or sewers rate, or for tithe rent-charge. If payment is not made on demand, the ratepayer must take or send the amount to the collector. In case of non-payment, the ratepayer is liable without notice to be summoned before the magistrates. If the rates are then paid before the time appointed to hear the case, the expense is trifling, but otherwise it is considerable. Magistrates have power to authorise an immediate distraint on goods to the amount of rates and costs; and if sufficient goods cannot be found on the premises of the ratepayer, he is liable to imprisonment.
Determination of Tenancy.—All tenancies may of course be put an end to at any time by mutual consent, though the consent should be declared in a deed if the tenancy was by deed. But without such consent a tenancy for a fixed period must continue according and subject to the special terms, if any, of the lease until the period expire when the tenancy comes to an end, and the tenant must give up possession, and may leave without any notice. Subject to any special agreement, a tenancy from year to year can be determined by one party only at the day of the year corresponding to that from which it was agreed that the tenancy should run by giving to the other a half year’s previous notice of his intention. If the tenancy runs from one of the usual quarter-days, then the necessary and sufficient notice is that which is given on or before the quarter-day next but one preceding that from which the tenancy runs. A quarter’s notice in a quarterly tenancy, a month’s notice in a monthly tenancy, and a week’s notice in a weekly tenancy are undoubtedly sufficient, and should be given so as to expire at the end of the current quarter, month, or week respectively of the tenancy. In the metropolis there seems to be a general custom as to weekly tenancies which renders a week’s notice necessary, and County Court judges usually so hold.
Fixtures.—A tenant may during his occupation remove fixtures which he has put up at his own expense for ornament or domestic convenience, in such a way that they have not become a permanent part of the house. But if, on giving up possession of the house, he leaves any behind by mistake, he cannot re-enter to recover them; and if the incoming tenant once obtains possession, including the fixtures, he is entitled to detain and use them, unless he has expressly agreed to pay for them or deliver them up. Tenants may not pull down buildings or permanent structures which they have erected on their own responsibility, and must make good any damage done to the house by the removal of such fixtures as they are entitled to remove.
Dilapidations.—Under the ordinary covenants by the tenant to keep and deliver up the premises in repair, it seems that the view generally taken by surveyors of his liability—which will extend to permanent erections made by the tenant himself—is as follows:—If the parts can be repaired they may be so treated; but if the decay or injury has gone so far as to render repairs insufficient to restore the usefulness of the part, it must be made good. Thus, among the items the tenant is called upon to make good is that of roofing; such as to replace all loose and broken tiles, to strip and retile where the laths are broken, or where the rafters, feet or purlins are decayed; to restore all defective filleting and pointing. Defective brickwork in walls, chimneys, shafts, parapets, and gables; portions out of the perpendicular, or bulged, or cracked, have to be made good, besides repointing where necessary, and refixing broken chimney pots. Slated roofs also come under the same general clauses. Repairs to woodwork include such items as the following: Making good all loose or decayed timbers, whether injured by wet or dry-rot; to fix timbers where not straight, through neglect or decay; to secure and make good all loose, broken, or decayed weather boarding, frames, skylights, wooden gutters, dormer boarding, and other external work; also to make good broken or decayed wooden fences, door frames, &c.; to secure and make good all loose, broken, or rotten floors; to fix up and relay where not level, if by reason of neglect, and to rehang where required all doors and shutters; replace broken lines, repair sashes, nosings to stairs where defective, and treads. Questions are continually arising regarding the liability of tenants to repair joiners’ work, but it appears clear that the burden of repairs falls upon the tenant. With respect to masons’ work, all defective stonework of whatever description falls upon him. Thus, broken cornices, lintels, and sills have to be made good by filling-in pieces; also broken steps and landings, both inside and out. In case of broken nosings, or of treads worn down as to become dangerous, the piecing is to extend to cutting out the upper surface and filling in the depth of nosing with a slab of sufficient thickness to form a new nosing. Broken chimney pieces, slabs, and inner hearths are to be made good or relaid; and loose and sunken pavings to be taken up and relaid. All panes of glass having two cracks in them are to be reinstated, besides making good all putty work. With respect to painting, it is usual for the tenant to repaint all wood and ironwork for their preservation, and where defaced, also on stone, stucco, or other external work. Inside painting is exempted, except in cases of misuse. To other trades the same rules apply; all broken fittings, fixtures, and parts of buildings to be repaired or made good by the tenant. The term “to make good” implies a renewal of the part, and ought not to be confused with the general words “to repair.”
Water.—Subject to anything in their special Act, a waterworks company having pipes in the street where the house is situate may be required by the occupier, with the consent in writing of the owner, and upon payment or tender of the water rate in advance, to make the needful communications, and are liable to forfeit 5l. for non-compliance within seven days. Due care must be exercised by the company to render the supply regular, but they are not responsible for discontinuance caused by frost, drought, or other unavoidable circumstance. The water must always be pure and wholesome, and in this connection it may be mentioned that water is nearly always purer as delivered by the company than as drawn from the householder’s cistern, owing to gross neglect to keep the latter clean. The company’s inspector may enter any day between 9 A.M. and 4 P.M. to examine the fittings, and the householder is liable to heavy fines for allowing water to be wasted or misused, or contaminated, besides having his supply cut off till the evil is remedied, and incurring all the cost incidental thereto. An incoming tenant should ascertain by application at the offices of the company whether the previous tenant is in arrears with his water rates, as it is said that in some districts the newcomer may be compelled to pay the deficit before getting a supply. This is certainly not the law in the metropolis, at all events, where the incoming tenant is expressly declared to be free from this liability, unless he has undertaken with his predecessor to pay the arrears. The company are bound under heavy penalties to keep a copy of their special act for inspection on payment of a fee of 1s. per hour. This will show the charges they are authorised to make, and the amount of the rate which is payable in advance and usually based on the annual value, i.e. the net annual value, or about the same as the net rateable value appearing in the parochial rate-book.
Gas.—Subject to anything in the special Act, the owner or occupier of a house within twenty-five yards of a gas main, may, by notice in writing, require the company to supply gas; they are bound by penalties to comply within a reasonable time, provided the occupier will agree to take gas for two years, and is ready to give security for payment of his rates. The companies must supply gas of a certain standard as regards purity and lighting power, but are not governed as to pressure, hence the householder’s only means of preventing the waste due to constantly changing pressure is to have a “regulator,” as described in another section (p. 88). Gas is supplied at a price per 1000 cubic feet used, the consumption being measured by a meter. This meter may be supplied by the gas company and a rental charged on it, the company keeping it in repair; or it may be supplied by the householder at his own cost for purchase and maintenance; but the householder must not alter the fixing or provide his own meter without 24 hours’ notice to the company. The company, in either case, have right of entry to examine the fittings at reasonable times. The householder is liable to heavy penalties in respect of waste or misuse of the gas or injury to the pipes, &c. Gas rates are usually delivered quarterly and are payable at once, failing which the company may proceed to recover and cut off supply, and may demand security for the future before renewing supply, cost of which will fall upon the householder. No incoming tenant is liable for rates unpaid by his predecessor unless he has undertaken to pay them. The company are bound under heavy penalties to keep a copy of their special Act for inspection on payment of a fee of 1s. per hour.