Hold Over - Law Dictionary Search Results
Home Dictionary Name: hold overhold over
hold over : to remain in a position or condition [one who holds over in possession of a building after the expiration of a term of years "B. N. Cardozo"] hold·over n ...
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...
Sufferance, Tenancy at
Sufferance, Tenancy at. This is the least and lowest estate which can subsist in realty. It is in strictness not an estate, but a mere possession only it arises when a person after his right to the occupation, under a lawful title, is at an end, continues (having no title at all) in possession of the land, without the agreement or disagreement of the person in whom the right of possession resides. Thus if A is a tenant for yes, and his term expires, or is a tenant at will, and his lessor dies, and he continues in possession without the disagreement of the person who is entitled to the same, in the one and the other of these cases he said to have the possession by sufferance-that is, merely by permission or indulgence, without any right: the law esteeming it just and reasonable, and for the interest of the tenant, and also of the person entitled to the possession, to deem the occupation to be continued by the permission of the person who has the right, till it is proved that the tenant ...
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...
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....
Year to year, tenancy from
Year to year, tenancy from. This estate arises either expressly, as when land is let from year to year, or by a general parol demise, without any deter-minate interest, but reserving the payment of an annual rent; or impliedly, as when property is occupied generally under a yearly rent, payable yearly, half-yearly, or quarterly; or when such tenant holds over, after the expiration of his term, without having entered into any new contract, and pays rent (before which he is a tenant on sufferance), and in such cases the tenant holds over on such terms of the old tenancy lease as are applicable to a tenancy from year to year and to the particular tenancy.The qualities which distinguish a tenancy from year to year from proper terms for years, and from estates at will, are (1) that it exists by construction of law alone instead of an estate at will in every instance where a possession is taken with the consent of the legal owner and where an annual rent has been paid, but without there havi...
Reserve
Reserve, the term 'reserve' is not defined in the Act. The dictionary meaning of the word 'Reserve' is: To keep for future use or enjoyment; to store up for some time or occasion; to refrain from using or enjoying at once. To keep back or hold over to a later time or place or for further treatment. To set apart for some purpose or with some end in view; to keep for some use. To retain or preserve for certain purposes.' (Oxford Dictionary). In Webster's New International Dictionary, Second Edition, page 2118, 'Reserve' is defined as follows:To keep in store for future or special use; to keep in reserve; to retain, to keep, as for oneself. To keep back; to retain or hold over to a future time or place. To preserve, Commissioner of Income Tax v. Century Spinning and Manufacturing Co., AIR 1953 SC 501: (1954) SCR 203.(ii) As to what the word 'Reserves' as used in the Business Profits Tax Act connotes, was considered by this Court in Commissioner of Income-tax v. Century Spinning & Manufact...
Holding of an office of profit
Holding of an office of profit, for determining whether a person holds an office of profit under a Government is the amount of control which the Government exercises over that officer, D.R. Gurushanthappa v. Abdul Khuddus Anwar, AIR 1969 SC 744: (1969) 1 SCC 466: (1969) 3 SCR 425....
Jus vitae necisgue
Jus vitae necisgue, means right of life and death'. The power help by the head of the house hold over persons under his paternal power and over his slaves. Black's Law Dictionary, 7th Edn., p. 871....
Agricultural Holdings Act, 1923
Agricultural Holdings Act, 1923 (English) (13 & 14 Geo. 5, cc. 9 and 25). By a series of statutes commencing with the Agricultural Holdings Act, 1875, statutory compensation has been provided for an outgoing agricultural tenant in respect of the improvements effected by him during his tenancy. The operation of this Act could be and frequently was excluded by agreement, but now the tenant cannot deprive himself by contract of the right to claim compensation which is conferred on him by the Act, although he may within limits substitute other benefits by agreement. The Act of 1923 (as amended by the Agricultural Holdings Amendment Act, 1923) repeals and consolidates all the earlier statutes dealing with the subject, and confers on outgoing tenants of 'holdings' the rights and benefits briefly outlined below. The term 'holding' means any parcel of land held by a tenant which is wholly agricultural or wholly pastoral, or in whole or in part cultivated as a market garden, and which is not le...
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