Spons' Household Manual / A treasury of domestic receipts and a guide for home management

by Unknown

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.