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And the said R.A. doth undertake to pay all rates and taxes, of whatever nature or kind, chargeable on the said house and premises, and to keep the said house in all necessary repairs, so long as the said L.O. shall continue therein.
1487. Indemnity from Arrears.
If the landlord agree to secure the incoming tenant from all arrears (and the tenant should see to this) due on account of rent, rates, and taxes, the indemnification should be written on a separate paper, and in something like the following terms:
1488. _Indemnification against Rents, Rates and Taxes in Arrear_.
I, R.A., landlord of a certain house and premises now about to be taken and occupied by L.O., do hereby agree to indemnify the said L.O. from the payment of any rent, taxes, or rates in arrear, prior to the date of the day at which his said tenancy commences. As witness my hand this----day of----18
R.A., Landlord of the above premises.
Witness, G.C.
1489. _Agreement for taking a House for Three Years_.
Memorandum of an agreement made the----day of----, 18 , between R.A., of----, and L.O. of----, as follows:
The said R.A. doth let unto the said L.O. a house (and garden, if any) with appurtenances, situate in----, in the parish of----, for three years certain. The rent to commence from----day next, at and under the yearly rent of----, payable quarterly, the first payment to be at----day next.
The said L.O. doth agree to take the said house (and garden) of the said R.A. for the term and rent payable in manner aforesaid; and that he will, at the expiration of the term, leave the house in as good repair as he found it [reasonable wear and tear excepted]. The said R.A. to be at liberty to re-enter, if any rent shall be in arrear for 21 days, whether such rent has been demanded or not.
Witness our hands.
R.A.
L.O.
Witness, G.C.
1490. Payment of Rent.
Rent is usually payable at the regular quarter-days, namely, Lady-day, or March 25th; Midsummer-day, or June 24th; Michaelmas-day, September 29th; and Christmas-day, December 25th. It is due at mid-day; but no proceedings for non-payment, where the tenant remains upon the premises, can be taken till the next day.
1491. Payment of Rent Imperative.
No consideration will waive the payment of the rent, should the landlord insist on demanding it. Even should the house be burnt, blown, or fall down, the tenant is still liable for rent; and the tenancy can only be voidable by the proper notice to quit, the same as if the house remained in the most perfect condition.
1492. Demanding Rent.
The landlord himself is the person most proper to demand rent; he may employ another person, but if he does, he must authorize him by letter, or by power of attorney; or the demand may be objected to.
1493. Receipt for Rent.
When an agent has been duly authorized, a receipt from him for any subsequent rent is a legal acquittance to the tenant, notwithstanding the landlord may have revoked the authority under which the agent acted, unless the landlord should have given the tenant due and proper notice thereof.
1494. Legal Tender.
A tender of rent should be in the current coin of the kingdom. But a tender of Bank of England notes is good, even in cases of distress.
1495. _Form of a Receipt for Rent._
Received of Mr. L.O. the sum of ten pounds ten s.h.i.+llings, for a quarter's rent due at Lady-day last, for the house, No. ,------- street.
10 10s. [Stamp] R. A.
1496. Receipt Given by an Agent.
If the receipt be given by an agent, it should be signed:
G. C., Agent for R.A., landlord of the above premises.
1497. Care of Receipts for Rent.
Be careful of your last quarter's receipt for rent, for the production of that doc.u.ment bars all prior claim. Even when arrears have been due on former quarters, the receipt, if given for the last quarter, precludes the landlord from recovery thereof.
1498. Notice to Quit.
When either the landlord or tenant intends to terminate a tenancy, the way to proceed is by a notice to quit, which is drawn up in the two following ways:
1499. _Form of a Notice to Quit from a Tenant to his Landlord._
Sir,--I hereby give you notice, that on or before the------day of ------next, I shall quit and deliver up possession of the house and premises I now hold of you, situate at------, in the parish of ------, in the county of------.
Dated the------day of------, 18 Witness, G.C.
L.O.
To Mr. R. A.
1500. _Notice from Landlord to his Tenant._
--Sir,--I hereby give you notice to quit and deliver up possession to me of the house and appurtenances, situate No------, which you now hold of me, on or before------next.
Dated------, 18 .
(Signed) R.A. (landlord).
To Mr. L. O.
1501. Notice to Quit.
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.
