Double Rent - Law Dictionary Search Results
Home Dictionary Name: double rent Page 1 of about 12 results ( seconds)Double Rent
Double Rent. This is a penalty on a tenant holding over after his own notice to quit has expired. B the Distress for Rent Act, 1737 (11 Geo. 2, c. 19), s. 13,in case any tenant give notice to quit, and shall not deliver up possession at the time in such notice contained, he must from thenceforward pay to the landlord double the rent or sum which he should otherwise have paid. As to the effect of the Rent and Mortgage Interest Restrictions Acts, 1920 and 1923, see Flannagan v. Shaw, (1920) 3 KB 96; Barton v. Fincham, (1921) 2 KB 299; Northcotte v. Roche, 37 TLR 364. See Woodfall's Landlord and Tenant...
Holding over
Holding over, keeping possession of land by a lessee after the expiration of his term, whereby if the possession is against the will of the landlord, he becomes a trespasser, but if he remains with the consent of the landlord, he becomes a tenant at will or he may simply remain on sufferance; if subsequent rent is accepted by his landlord he usually becomes tenant from year to year on the terms of the expired lease, Hyatt v. Griffiths, (1851) 17 QB 505.A tenant wrongfully holding over premises of which the value does not exceed 100l. a year may be ejected by proceedings in the county Court, under the County Courts Act, 1934 (24 & 25 Geo. 5, c. 53), or if the term do not exceed seven years, or the rent 20l. a year, by proceedings before justices of the peace under the Small Tenements Recovery Act, 1838 (1 & 2 Vict. c. 74). See also DOUBLE RENT; DOUBLE VALUE...
Notice to quit
Notice to quit. Where there is a tenancy from year to year subsisting, it can only be put an end to by notice to quit, which may be given by either party, and must be given one half-year previously to the expiration of the current year of tenancy, so as to expire at the same period of the year in which the tenant entered upon the premises. This rule is to be invariably followed in all cases, except where there is some special agreement between the parties to a different effect, or where a particular local custom intervenes, or where the (English) Agricultural Holdings Act, 1923, applies, in which case, by s. 25 of that Act, a notice must be given to terminate the tenancy twelve months from the end of the then current year of the tenancy.Where the term of a lease is to end on a precise day, there is no occasion for a notice to quit previously to bringing an action of ejectment because both parties are equally apprised of the termination of the term. If a tenant continue in possession by...
Ad terminum qui preterit
Ad terminum qui preterit, a writ of entry, which lay for a lessor or his heirs, where a lease of premises had been made for life or years, and after the term had expired the premises were withheld from the lessor or his heirs, by the tenant or other person in possession of them; but see now the titles, DOUBLE RENT and DOUBLE VALUE....
Distress
Distress [fr. distringo, Lat., to bind fast; districtio, Med. Lat., whence distraindre, Fr.], a taking, without legal process, of a personal chattel from the possession of a wrong-doer into the hands of a party grieved, as a pledge for the redressing an injury, the performance of a duty, or the satisfaction of a demand.This remedy may be resorted to by a landlord for recovery of rent in arrear, by a rate collector or tax collector for recovery of rates or taxes, and by justices of the peace for the recovery of fines due on summary convictions.A distress may be made of common right for the rent payable by a tenant to a landlord, technically termed 'rent-service,' and by particular reservation, or under s. 121 of the (English) Law of Property Act, 1925, for rent-charges, and also for rents-seck since the (English) Landlord and Tenant Act, 1730 (4 Geo. 2, c. 28), s. 5, which extended the same remedy to rents-seck, rents of assize, and chief-rents, and thereby in effect abolished all mater...
Double or treble costs
Double or treble costs have been frequently granted by statute, e.g., to successful defendants in actions for irregular distress, by the (English) Distress for Rent Act, 1737 (11 Geo. 2, c. 19), s. 20. The true mode of estimating the amount of double costs was first to allow the successful party the single costs, including the expenses of witnesses, counsel's fees, etc., and then allow him one-half of the amount of the single costs, without deducting counsel's fees, etc. Treble costs consisted of the single costs, half the single costs, and half of that half. But the public statutes prior to 1842 which gave these costs were repealed by the (English) Limitations of Actions and Costs Act, 1842 (5 & 6 Vict. c. 97), popularly called 'Pollock's Act,' which enacted that the successful party should be entitled only to full and reasonable costs, to be taxed by the proper officer-an enactment repealed in its turn by the (English) Public Authorities Protection Act, 1893 (see that title)....
Lawless Court
Lawless Court [quia dicta sine lege, Lat.], 'a tribunal held on King's Hill, at Rochford, in Essex, on Wednesday morning next after Michaelmas Day, yearly, at cock-crowing, at which Court they whisper, and have no candle, nor any pen nor ink, but a coal; and he that owes suit or service there, and appears not, forfeits double his rent.'-Cam. Brit. Obsolete....
Warnoth
Warnoth, an ancient custom, that if any tenant holding of the castle at Dover failed in paying his rent at the day, he should forfeit double, and for his second failure triple; and the lands so held are called terr' cullce et de warnoth, Dugd. Mon. ii. 589....
Double avail of marriage
Double avail of marriage, the double of the value of the vassal's wife's tocher, formerly due to the superior, when the vassal refused a wife equal to him and offered by the superior; but this was modified to three years' rent of the vassal's free estate, Old Scots Law....
Double value
Double value. This is a penalty on a tenant holding over after his landlord's notice to quit. By the (English) Landlord and Tenant Act, 1730 (4 Geo. 2, c. 28), s. 1, if any tenant for life or years hold over any lands, etc., after the determination of his estate, after demand made, and notice in writing given, for delivering the possession thereof, by the landlord, or the person having the reversion or remainder therein, or his agent thereunto lawfully authorized, such tenant so holding over must pay to the person so kept out of possession at the rate of double the yearly value of the lands, etc., so detained, for so long a time as the same are detained. As to the effect of the (English) Rent and Mortgage Interest Restrictions Acts, 1920 and 1923, see Crook v. Whitbread, 147 LT 80. See now the Act of 1933, ss. 3, 4 (1), and Sched. See Woodfall's Landlord and Tenant....
- << Prev.
- Next >>