Enquire Within Upon Everything Part 129

1502. _Form of Notice from a Landlord to his Tenant to Quit or Pay an increased Rent._

To Mr. R. A.--Sir,--I hereby give you notice to deliver up possession, and quit on or before------, the [_here state the house or apartment_] and appurtenances which you now hold of me in [_insert the name of street, &c._], and in default of your compliance therewith, I do and will insist on your paying me for the same, the [_annual or monthly_] rent of----, being an additional rental of----pounds per annum [_over and above the present annual rental_] rent, for such time as you shall detain the key and keep possession over the said notice.

Witness my hand, this----day of----, 18.

Witness, G.C.

L.O.

[A HUNGRY MAN SEES FAR.]

1503. Refusal to Give up Possession.

If a tenant holds over, after receiving a sufficient notice to quit, _in writing,_ he becomes liable to pay double the yearly value; if he holds over after having himself given even parole notice to quit, he is liable to pay double rent.

1504. Lodgings and Lodgers.

1505. The Goods of a Lodger.

The goods of a lodger are not liable to distress for rent due to the superior landlord.

1506. Distraint on Furniture, etc., of Lodger.

If any furniture, goods, or chattels of a lodger are distrained for rent due to the superior landlord, the lodger should immediately serve the superior landlord or his bailiff with a declaration in writing, setting forth that the immediate tenant of the house has no interest in the things distrained which belong to the lodger, and also setting forth whether any and what rent is due, and for what period, from the lodger to his immediate landlord; and the lodger should pay to the superior landlord, or his bailiff, the rent so due from him, so much as shall be sufficient to discharge the claim of the superior landlord. The lodger should make out and sign an inventory of the things claimed by him, and annex it to this declaration.

1507. Application to Magistrate, etc., if Landlord proceed with Distress.

If, after taking these steps, the superior landlord, or his bailiff, should proceed with a distress upon the lodger's goods, the lodger should apply to a stipendiary magistrate or to two justices of the peace, who will order his goods to be restored to him.

1508. Broker Entering Apartments.

A broker having obtained possession through the outer door, may break open any of the private doors of the lodgers, if necessary, for the purpose of distraining the goods of the tenant.

1509. Renting for a specific Term.

If lodgings are taken for a certain and specified time, no notice to quit is necessary. If the lodger, however, continues after the expiration of the term, he becomes a regular lodger, unless there is an agreement to the contrary. If he owes rent, the housekeeper can detain his goods whilst on the premises, or distrain, as a landlord may distrain the goods of a tenant.

1510. Lodgers and Householders bound by the same Law.

No distinction exists between lodgers and other tenants as to the payment of their rent, or the turning them out of possession; they are also similarly circ.u.mstanced with regard to distress for rent, as householders, except that (as above mentioned) the goods of lodgers cannot be distrained for rent due to the superior landlord.

1511. Weekly Tenants.

In case of weekly tenants, the rent should be paid weekly, for if it is once let to run a quarter, and the landlord accept it as a quarter, the tenant cannot be forced to quit without a quarter's notice.

1512. Yearly Lodgers.

Lodgings by the year should only be taken from a person who is either proprietor of the house, or holds possession for an unexpired term of years.

1513. Furnished Lodgings.

Furnished lodgings are usually let by the week, on payment of a fixed sum, part of which is considered as rent for the apartment, and part for the use of the furniture. In some instances an agreement is made for so much per week rent, and so much for the use of the furniture, and to place all moneys received to the account of the furniture, until that part of the demand shall be satisfied, as the landlord cannot distrain for the use of his furniture.

[HE THAT PLAYS WITH FIRE MAY BE BURNT.]

1514. Lodgers Leaving Apartments Without Notice.

Persons renting furnished apartments frequently absent themselves without apprising the householder, perhaps with the rent in arrear. If there is probable reason to believe that the lodger has left, on the second week of such absence the householder may send for a policeman, and in his presence enter the lodger's apartment and take out the latter's property, and secure it until application is made for it.

1515. Verbal Agreements.

If a person make a verbal agreement to take lodgings at a future day, and decline to fulfil his agreement, the housekeeper has no remedy, and even the payment of a deposit makes no difference.

1516. Landlord using Lodger's Apartments.

If a landlord enter and use apartments while his tenant is in legal possession, without his consent, he forfeits his right to recover rent.

1517. Lodgings to Immodest Women.

If lodgings are let to an immodest woman, to enable her to receive visitors of the male s.e.x, the landlord cannot recover his rent. But if the landlord did not know the character of the woman when he let the lodgings, he may recover, but not if _after_ he knew the fact he permitted her to remain as his tenant. If the woman, however, merely lodges there, and has her visitors elsewhere, her character will not affect his claim for rent.

1518. Rent Recoverable.

If a lodger quit apartments without notice, the landlord can still recover his rent by action, although he has put up a bill in the window to let them.

1519. Removing Goods.

Removing goods from furnished lodgings, with intent to steal, is a felony: unlawfully pledging is a misdemeanour.

1520. Liability for Rent.