The Project Gutenberg eBook of Enquire Within Upon Everything

An opinion is very generally entertained, however, that a quarter's warning to quit, where the house is of small rental, is sufficient notice; but where the rent is payable quarterly, or at longer intervals, this is a mistake, for unless a special agreement is made defining the time to be given as a warning, six months' notice to quit must be given, to expire on the same day of the year upon which the tenancy commenced. Where the rent is payable weekly or monthly, the notice to quit will be good if given for the week or month, provided care be taken that it expires upon the day of the week or month of the beginning of the tenancy.

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,

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 circumstanced 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 Apartment

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 sex, 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

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

Where the lodger has removed, and there are no goods whereon to make a levy, the rent becomes a debt, and can only be recovered as such in the County Court of the district.

1521. Agreement for Letting a Furnished House or Apartment

Memorandum of an agreement made and entered into this —— day of ——, 18 , between R.A., of ——, of the one part, and L.O., of ——, of the other part, as follows:—That the said R.A. agrees to let, and the said L.O. to take, all that messuage or tenement (with the garden and appurtenances thereto) situate at, &c. [or if an apartment be the subject of demise, all the entire first floor, particularly describing the other appurtenances], together with all the furniture, fixtures, and other things mentioned and comprised in the schedule hereunder written, for the space of —— months, to be computed from the —— day of ——, at the rent of —— pounds per quarter, payable quarterly, the first quarterly payment to be made on the —— day of —— next ensuing the date hereof. And it is further agreed, by and between the said parties, that each party shall be at liberty to determine the said tenancy, on giving to the other a quarter's notice in writing. And the said L.O. agrees, that in the determination of the tenancy, he will deliver up the said dwelling-house (or the entire first floor, &c.), together with all the fixtures and furniture as aforesaid, in as good a condition as the same now are, reasonable wear and tear thereof excepted, and shall and will replace any of the crockery and china or other utensils that shall be broken or otherwise damaged. In witness, &c.—[Here is to follow the Inventory, or List of Articles referred to above.]

1522. Remedies to Recover Rent

Distress is the most efficient remedy to recover rent, but care should be taken that it be done legally; if the distress be illegal, the party aggrieved has a remedy by action for damages. Excessive distresses are illegal. The distrainer ought only to take sufficient to recover the rent due, and costs; if, however, the articles sell for a greater sum than is sufficient to pay these, the remainder must be returned to the tenant, who can demand a bill of the sale, and recover the overplus, if any.

Play Not with Edged Tools.

1523. Distress, Legal and Illegal

A distress can be made only for rent that is due, and cannot be made until the day after, nor unless it has been demanded by the landlord or his agent. The outer door must not be broken open for the purpose of distraining, neither can the distress be made between sun-setting and sun-rising, nor on Sunday, Good Friday, or Christmas-day; nor after the rent has been tendered to the landlord or his agent. A second distress can be made, if the value of the first is not enough to pay the real and costs, but not if, at the time of making the first distress, there were sufficient goods upon the premises to satisfy the full amount, if the landlord had then thought proper to take them. Wearing apparel and bedding of debtor and his family, and tools or implements of trade to the value of £5 are exempt from seizure, except where a tenant holds possession after term of tenancy or notice to quit has expired.

1524. Seizure of Goods removed

Goods conveyed off the premises to prevent a distress may be seized anywhere within thirty days after the removal, and if force is resorted to by the landlord, it must be in the presence of a constable; but goods removed before the rent is actually due cannot be followed, but the rent can be recovered by action as a debt in the County Court. The general rule is, that nothing can be distrained which cannot be returned in the same condition as before the distress was made.

1525. Appraisement

Section 1 of the Act 2 W. and M., cap. 5, requiring appraisement before sale of goods, is repealed, and appraisement is not necessary unless demanded in writing by the tenant, or owner of the goods, who must pay the cost of such appraisement and subsequent removal of goods for sale. Appraisement made by the distraining broker, or any interested person, is illegal.

1526. Bankrupts' Rent

In cases of bankruptcy not more than one year's lent is obtainable by distress; if more be due, the landlord is only entitled to come in with the rest of the creditors for the further sum due.

1527. Illegal Charges for Distraint

By the 51 and 52 Vic. cap. 21 (Law of Distress Amendment Act, 1888), no person distraining for rent shall take other charges than those hereafter scheduled: any party charging more can be sued for treble the amount unlawfully taken.

1528. Expenses of Distraint

	£	s.	d.
Levying a distress (under £20) [Over £20 and under £50, 3 p.c. on the amount; £50 to £200, 2-1/2 p.c.; above £200, 1 p.c.]	0	3	0
Man in possession, per day, if rent due be under £20.	0	4	6
Ditto, over £20 (Man to provide his own board in all cases.)	0	5	0

The above charges are payable on account simply of the levy: if the sum due, with the above charges, be not paid within five days (or 15 days on written request of debtor), and the goods are removed and sold by auction, all expenses of such removal and sale are deductible from the amount realized.

1529. Brokers' Charges

Brokers must give copies of charges in all cases.

1530. Valuation and Sale of Goods

The goods, when valued, are usually bought by the appraiser at his own valuation, and a receipt at the bottom of the inventory, witnessed by the person who swore them, is a sufficient discharge.

1531. Stamped Agreements

Much uncertainty having existed as to the legal nature of the agreements on paper between landlords and tenants, the following communication to the proper authorities, and their reply, will be interesting to all concerned:

1532. About Agreements

"To the Commissioners of Inland Revenue,
Somerset House,
London.—Middlesbro',
Aug. 18th, 1855.
Sirs,—The sea-port town of Middlesbro', in the county of York, contains about 14,000 inhabitants, and many dwelling-houses and shops are let from quarter to quarter, and from year to year, upon written memorandums of agreement, where the rents are under £20 a year; and as some difference of opinion exists respecting the proper stamp duties to be paid on such agreements, your opinion is requested, whether the common lease stamp for such an agreement will be sufficient, or what other stamps (if any) will such memorandums require?
Your most obedient servant,
Wm. Myers, Solicitor."

"Inland Revenue Office,
Somerset House,
London,
27th August, 1855.
Sir,—The Board having had before them your letter of the 18th inst., I am directed, in reply, to state that the documents therein referred to will be chargeable with stamp duty as leases whether the tenancy be from quarter to quarter, or from year to year. I am, sir, your obedient servant,
Thomas Fingle.
W. Myers, Esq."

1533. Stamped Documents

In all cases where the law requires a stamp, whether for an agreement or a receipt, do not omit it. As the stamp laws are liable to frequent alterations, it is best to refer to the tables in the recognised almanacks for the year, or to make inquiries at the stamp offices.

1534. Debtor and Creditor

1535. Bankruptcy

The former distinction between insolvents and bankrupts is now abolished. All debtors, traders or not, are now subject to the laws of bankruptcy.

Married Women

are now liable to be made bankrupt; but no person under age, except under certain circumstances, with the sanction of the Receiver. Liquidation by private arrangement is abolished.

1536. Bankruptcy Proceedings

Bankruptcy proceedings commence with a petition, either by the debtor himself or by a creditor or creditors. All petitions go before the High Court (or the district County Court), and no composition or arrangement is sanctioned until after the debtor has been publicly examined. All proceedings are controlled by the Court. For bankruptcy purposes, the County Courts have all the powers and jurisdiction of the High Court of Justice.

1537. Acts of Bankruptcy

"Acts of Bankruptcy" comprise:—Assignment of property for benefit of creditors; fraudulent transfer of property; leaving, or remaining out of, England, or absence from dwelling-house to defeat or delay creditors; filing declaration of insolvency or presenting a bankruptcy petition against self; levy of execution; failure to comply with a bankruptcy notice to pay a judgment debt; giving notice to creditors of suspension of payment; and having a receiving order made against one.

1538. Receiving Order

If a debtor commit an act of bankruptcy, the Court may, on petition either by creditor or debtor, make a receiving order for the protection of the estate. All receiving orders to be advertised in the

London Gazette

1539. Petition

A creditor (or creditors) cannot present a petition unless the debt (or debts) amount to £50; the debt must be a liquidated sum, payable now or at some future time; the act of bankruptcy on which the petition is grounded must have occurred within

before presentation of petition; and the debtor must be domiciled in, or within a year before petition have resided in or had a place of business in, England. No petition can, after presentment, be withdrawn without leave of the Court. A creditor's petition must be accompanied by affidavits verifying the statements therein.

1540. Official Receiver

On a receiving order being made, the debtor's property vests in the Official Receiver, who must summon a first meeting of creditors, giving to each not less than seven days' notice of time and place in the

1541. The Meeting of Creditors

The meeting of creditors summoned as above shall consider whether a proposal for a composition or scheme of arrangement shall be entertained, or whether the debtor shall be adjudged bankrupt, and the mode of dealing with the debtor's property.

1542. Duties of Debtor

The debtor must furnish the Official Receiver with a full statement of his affairs in the prescribed form, verified by affidavit, and all such information as the Receiver may require. This statement, if made on a

debtor's petition

, must be submitted to the Receiver within

of the date of the receiving order; if on a

creditor's petition

; or the debtor will be liable to be adjudged bankrupt on petition to the Court by Receiver or creditor.

A Swallow Makes not Summer or Spring-time.

1543. Public Examination

Before any resolution or composition is approved by creditors, a public examination of the bankrupt, on oath, must be held by the Court, at which the Receiver must be present.

1544. Composition or Scheme of Arrangement

The creditors may at their first meeting or any adjournment thereof, by special resolution, entertain a composition or scheme of arrangement, and if the same be accepted by the creditors, application must be made to the Court to approve it, the Official Receiver reporting as to the terms of the composition or arrangement, which the Court will approve or reject according to the circumstances.

1545. Default in Payment of Instalments

Default in payment of instalments, in composition or scheme, renders the debtor liable to be adjudged bankrupt on application by any creditor to the Court.

1546. Adjudication of Bankruptcy when a Composition is not accepted

If after a receiving order has been made the creditors resolve that the debtor be adjudged bankrupt, or pass no resolution, or do not meet, or if a composition or scheme is not accepted and approved within fourteen days after the debtor's public examination, the Court will adjudge the debtor bankrupt, and his property shall become divisible among his creditors, and shall vest in a Trustee. Notice of such adjudication must be advertised in the _London Gazette_ and locally.

1547. Appointment of Trustee

The creditors of a bankrupt may, by resolution, appoint a Trustee of the debtor's property. If this has not been done prior to adjudication, the Official Receiver shall call a creditors' meeting for that purpose. The creditors may resolve to leave the appointment to the committee of inspection. The person appointed shall give security to the Board of Trade, which shall, if it sees fit, certify the appointment. If no Trustee is appointed by the creditors, the Board may appoint one.

1548. Committee of Inspection

A committee of inspection must not exceed five, nor be less than three, in number, and must be creditors qualified to vote, or their authorised representatives.

1549. Bankrupt's Responsibilities

The bankrupt must render every assistance to creditors in realizing his property. He must produce a clear statement of his affairs at the first meeting. He must be present for public examination on the day named by the Court and the adjournment thereof. He must also furnish a list of debts due to or from him. He must attend all meetings of creditors, and wait on the Trustee when required to answer any questions regarding his property, and to execute all documents and to carry out anything that may be ordered by the Trustee or the Court.

1550. Trustee's Duties (1)

The trustee's duties are to manage the estate and distribute the proceeds, under regulation of the committee of inspection, or of resolutions arrived at by the creditors at any general meeting. He has to call meetings of committee and creditors when necessary. He can transfer or dispose of the bankrupt's property for the benefit of the creditors as the bankrupt could have done himself prior to his bankruptcy. He can also carry on the bankrupt's business if necessary, compromise or arrange with creditors, and sell bankrupt's property by public auction or private contract.

1551. Trustee's Duties (2)

The trustee must render accounts to the Board of Trade not less than twice a year; and must pay all money received into the Bankruptcy Estates Account, kept by the Board of Trade at the Bank of England, and not, in any circumstances, into his private banking account.

1552. Priority Debts

Certain debts have priority, and must be paid in full, or as far as assets will admit. These are—parochial and local rates, due at date of receiving order, or within a year before; assessed land, property, and income tax, up to April 5th next before date of order, not exceeding one year's assessment; wages and salaries of clerks, servants, labourers, or workmen, not exceeding £50, due for four months' service.

What is Done Well Enough, is Done Quickly Enough.

1553. Distraint with Bankruptcy

Landlord may distrain for rent either before or after bankruptcy, but only for one year's rent if

bankruptcy. Any balance beyond one year's rent must be proved as in case of an ordinary debt.

1554. Allowance for Maintenance