2713. FIXTURES.—In houses held under lease, it has been the practice with landlords to lease the bare walls of the tenement only, leaving the lessee to put in the stoves, cupboards, and such other conveniences as he requires, at his own option. Those, except under particular circumstances, are the property of the lessee, and may either be sold to an incoming tenant, or removed at the end of his term. The articles which may not be removed are subject to considerable doubt, and are a fruitful source of dispute. Mr. Commissioner Fonblanque has defined as tenants' property all goods and chattels; 2ndly, all articles "slightly connected one with another, and with the freehold, but capable of being separated without materially injuring the freehold;" 3rdly, articles fixed to the freehold by nails and screws, bolts or pegs, are also tenants' goods and chattels; but when sunk in the soil, or built on it, they are integral parts of the freehold, and cannot be removed. Thus, a greenhouse or conservatory attached to the house by the tenant is not removable; but the furnace and hot-water pipes by which it is heated, may be removed or sold to the in-coming tenant. A brick flue does not come under the same category, but remains. Window-blinds, grates, stoves, coffee-mills, and, in a general sense, everything he has placed which can be removed without injury to the freehold, he may remove, if they are separated from the tenement during his term, and the place made good. It is not unusual to leave the fixtures in their place, with an undertaking from the landlord that, when again let, the in-coming tenant shall pay for them, or permit their removal. In a recent case, however, a tenant having held over beyond his term and not removed his fixtures, the landlord let the premises to a new tenant, who entered into possession, and would not allow the fixtures to be removed—it was held by the courts, on trial, that he was justified. A similar case occurred to the writer: he left his fixtures in the house, taking a letter from the landlord, undertaking that the in-coming tenant should pay for them by valuation, or permit their removal. The house was let; the landlord died. His executors, on being applied to, pleaded ignorance, as did the tenant, and on being furnished with a copy of the letter, the executors told applicant that if he was aggrieved, he knew his remedy; namely, an action at law. He thought the first loss the least, and has not altered his opinion.
2714. TAXES.—Land-tax, sewers-rate, and property-tax, are landlord's taxes; but by 30 Geo. II. c. 2, the occupier is required to pay all rates levied, and deduct from the rent such taxes as belong to the landlord. Many landlords now insert a covenant, stipulating that land-tax and sewers-rate are to be paid by the tenants, and not deducted: this does not apply to the property-tax. All other taxes and rates are payable by the occupier.
2715. WATER-RATE, of course, is paid by the tenant. The water-companies, as well as gas-companies, have the power of cutting off the supply; and most of them have also the right of distraining, in the same manner as landlords have for rent.
2716. NOTICE TO QUIT.—In the case of leasing for a term, no notice is necessary; the tenant quits, as a matter of course, at its termination; or if, by tacit consent, he remains paying rent as heretofore, he becomes a tenant at sufferance, or from year to year. Half a year's notice now becomes necessary, as we have already seen, to terminate the tenancy; except in London, and the rent is under forty shillings, when a quarter's notice is sufficient. Either of these notices may be given verbally, if it can be proved that the notice was definite, and given at the right time. Form of notice is quite immaterial, provided it is definite and clear in its purport.
2717. Tenancy for less than a year may be terminated according to the taking. Thus, when taken for three months, a three months' notice is required; when monthly, a month's notice; and when weekly, a week's notice; but weekly tenancy is changed to a quarterly tenure if the rent is allowed to stand over for three months. When taken for a definite time, as a month, a week, or a quarter, no notice is necessary on either side.
2718. DILAPIDATIONS.—At the termination of a lease, supposing he has not done so before, a landlord can, and usually does, send a surveyor to report upon the condition of the tenement, and it becomes his duty to ferret out every defect. A litigious landlord may drag the outgoing tenant into an expensive lawsuit, which he has no power to prevent. He may even compel him to pay for repairing improvements which he has effected in the tenement itself, if dilapidations exist. When the lessor covenants to do all repairs, and fails to do so, the lessee may repair, and deduct the cost from the rent.
2719. RECOVERY OF RENT.—The remedies placed in the hands of landlords are very stringent. The day after rent falls due, he may proceed to recover it, by action at law, by distress on the premises, or by action of ejectment, if the rent is half a year in arrear. Distress is the remedy usually applied, the landlord being authorized to enter the premises, seize the goods and chattels of his tenant, and sell them, on the fifth day, to reimburse himself for all arrears of rent and the charges of the distress. There are a few exceptions; but, generally, all goods found on the premises may be seized. The exceptions are—dogs, rabbits, poultry, fish, tools and implements of a man's trade actually in use, the books of a scholar, the axe of a carpenter, wearing apparel on the person, a horse at the plough, or a horse he may be riding, a watch in the pocket, loose money, deeds, writings, the cattle at a smithy forge, corn sent to a mill for grinding, cattle and goods of a guest at an inn; but, curiously enough, carriages and horses standing at livery at the same inn may be taken. Distress can only be levied in the daytime, and if made after the tender of arrears, it is illegal. If tender is made after the distress, but before it is impounded, the landlord must abandon the distress and bear the cost himself. Nothing of a perishable nature, which cannot be restored in the same condition—as milk, fruit, and the like, must be taken.
2720. The law does not regard a day as consisting of portions. The popular notion that a notice to quit should be served before noon is an error. Although distraint is one of the remedies, it is seldom advisable in a landlord to resort to distraining for the recovery of rent. If a tenant cannot pay his rent, the sooner he leaves the premises the better. If he be a rogue and won't pay, he will probably know that nine out of ten distresses are illegal, through the carelessness, ignorance, or extortion of the brokers who execute them. Many, if not most, of the respectable brokers will not execute distresses, and the business falls into the hands of persons whom it is by no means desirable to employ.
2721. Powers to relieve landlords of premises, by giving them legal possession, are given by 19 & 20 Vict., cap. 108, to the county courts, in cases where the rent does not exceed £50 per annum, and under the circumstances hereinafter mentioned; i.e.:—
1. Where the term has expired, or been determined by notice to quit.