Demised Premises - Law Dictionary Search Results
Home Dictionary Name: demised premisesDemised premises
Demised premises, that the intention of the parties was to create relationship of landlord and tenant, (1999) 4 SCC 545....
Apportionment
Apportionment, a division of a whole into parts (usually unequal) proportioned to the rights of more claimants than one. It is either (1) Apportionment in respect of time, or (2) Apportionment in respect of estate.Apportionment in respect of Time.--At Common Law there is no apportionment in respect of time. when a successor in interest succeeds just before a rent or other periodical payment falls due, he takes, at Common Law, the whole, and the executors of his predecessor take nothing (Clun's Case, 1Rep. 127). This was remedied by 11 Geo. 2, c. 19, s. 25, which apportioned rent between the representatives of a deceased tenant for life, and the person succeeding in remainder, and by 4 & 5 Wm. 4, c. 22, passed to obviate doubts which had arisen upon the earlier Act.The (English) 'Apportionment Act, 1870' (33 & 34 Vict. c. 35) now provides (but without repealing the above Acts) that all rents, annuities, and dividends, and other periodical payments in the nature of income shall, like int...
Fire
Fire. No action for damages lies against any person in whose house, etc., a fire shall accidentally begin: Fires Prevention (Metropolis) Act, 1774 (14 Geo. 3, c. 78), s. 86, which s. and s. 83 are the only unrepealed sections of the Act.To discharge or dismiss a person from employment; to terminate as employee. Black's Law Dictionary, 7th Edn.Fire Engines.--The maintenance of fire engines in urban sanitary districts is provided for by the Public Health Act, 1875, s. 171, which incorporates ss. 30-33 of the (English) Town Police Clauses Act, 1847, in the (English) Metropolis by the Fire Brigade Act, 1865, and in parishes by the (English) Parish Fire Engines Act, 1898 (61 & 62 Vict. c. 38), and the Acts therein recited.By s. 90 of the (English) Public Health Amendment Act, 1907, local authorities can agree for the common use of fire engines and appliances; ss. 87-89 of the same Act give the police certain powers of breaking into premises and regulating traffic upon the out break of a fir...
Re-entry
Re-entry, the resuming or retaking that possession which one has lately foregone. A clause of this nature, called a 'proviso for re-entry,' is inserted in every properly drawn lease, empowering the lessor to re-enter upon the demised premises if the rent is in arrear for a certain period, e.g., twenty-one days, or if there shall be any breach of the lessee's covenants. A proviso for re-entry, strictly speaking, is only applicable to corporeal hereditaments; see Sitwell v. Londesborough (Earl of), (1905) 1 Ch 465. A proviso for re-entry for breach of covenant has been denounced by a judge of the greatest eminence as 'a most odious stipulation', Hodgkinson v. Crowe, (1875) LR 10 Ch 626, per Sir Wm. James, L.J., but in practice is certainly common enough. A proviso confined to the case of non-payment of rent is a 'usual' stipulation: see Re Anderton, (1890) 45 Ch D 476. A lease under the Settled Land Act, 1882, must contain a condition of re-entry on the rent not being paid within a speci...
Inevitable accident
Inevitable accident, that which cannot be avoided: used in leases together with fire or tempest as a cause of destruction of the demised premises excusing the payment of rent or an omission by the lessee to repair. The expression is also very commonly used in covenants for production of documents, exempting the covenator from liability in the event of destruction by fire or other inevitable accident; but as pointed out by Mr. Davidson, Prec. Of Convg., vol. ii., pt. 1. P. 665, it is not accurate, for such accidents are not ineitable, and 'insuperable' is the better term. The word 'inevitable,' however, is used in the L.P. Act, 1925, s. 64(9), relating to the effect of an undertaking for safe custody and acknowledgment of the right to production of documents.As to ordering particulars of a defence of 'inevitable accident,' see Rumbold v. L.C.C., (1909) 25 TLR 541....
Tenant by sufferance
Tenant by sufferance, denotes after a lease is terminated if the tenant continues in possession without the consent or acquiescence of the lessor, such a tenant is a 'tenant by sufferance'. He cannot be deemed to be 'holding over' when there is no proof or extension of lease in his favour. A tenant by sufferance is entitled to remain in possession of the demised premises till he is evicted in the course of law, Mogilipuvvu Annapurnaiah v. Malampati Narisimha Rao, AIR 1982 AP 253....
Surrender
Surrender [fr. sursum redditio], an assurance restor-ing or yielding up an estate, the operative verbs being 'surrender and yield up.' The term is usually applied to the giving up of a lease before the expiration of it: it generally means the giving up of a lesser estate to a greater; a release is the giving up of a greater to a less interest, enlarging the latter.The effect of a surrender is to pass and merge the estate of the surrender or to, and into, that of the surrenderee.By the combined operation of s. 3 of the Statute of Frauds, and the (English) Real Property Act, 1845, s. 3, now replaced by ss. 51 to 55 of the (English) Law of Property Act 1925, every express surrender must be in writing, and every express surrender of a more than three years' term must be by deed. As to surrenders of leases by mortgagors or mortgagees, in possession, see s. 100, (English) L.P. Act, 1925. But there may be an implied surrender or, as it is called in the Statute of Frauds, a surrender 'by act a...
Quiet enjoyment
Quiet enjoyment. A qualified covenant for quiet enjoyment is usually inserted in leases and excludes the implied covenant, which is far more extensive. For the implied covenant may guarantee the lessee against any lawful entry whatever, whereas the express covenant, as usually worded, guarantees the lessee only against entry by the lessor or persons 'claiming by, from, or under him,' so that a lessor having no title to the demised premises may safely enter into the qualified covenant for quiet enjoyment, for an ejectment of the lessee by the real owner would not be an ejectment by a person claiming by the lessor, but against him, See Woodfall, L. & T., and Baynes v. Lloyd, (1895) 2 QB 610; Jones v. Lavington, (1903) 1 KB 253.A covenant for quiet enjoyment is implied by virtue of s. 7 of the (English) Conveyancing Act, 1881, reproduced under ss. 76 and 77 of the Law of Property Act, 1925, Sched. 2, Parts 1, 2, in any conveyance for value made after the commencement of that Act by a pers...
Occupy
Occupy, The word 'occupy' used in Rule 10(a) is not restricted either expressly or by anything contained in the context of the rule suggesting that the occupation is to be only for residential purposes, and in the absence of any such implication the rule must be deemed to be of general application i.e. it applies to uses non-residential as well as residential, Corporation of the City of Nagpur v. Nagpur Handloom Cloth Market Co. Ltd., AIR 1963 SC 1192 (1197): (1963) 2 Supp SCR 796. [City of Nagpur Corporation Act, 1950 (2 of 1950)]In order to be in occupation of the demised premises, physical possession of the tenant therein is not an essential requisite for avoiding the penal con-sequences of ejectment, Buta Ram v. Balwant Singh, AIR 1989 P&H 17 (20)....
Sheep
Sheep, injury to, by dogs, action for, under the Dogs Act, 1906, and the Amendment Act of 1928. See DOG. As to cruelty by allowing them to become infested with maggots, see Potter v. Challans, (1910) 102 LT 324.Sheep of a tenant are exempt from distress for rent conditionally i.e. if there be other sufficient distress on the demised premises, by the Statute of Marlbridge (51 Hen. 3, s. 4), and this exemption extends to the sheep of an under-tenant, Keen v. Priest, (1859) 28 LJ Ex 157....
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