Enquire Within Upon Everything Part 130

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 s.p.a.ce 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. Apprais.e.m.e.nt.

Section 1 of the Act 2 W. and M., cap. 5, requiring apprais.e.m.e.nt before sale of goods, is repealed, and apprais.e.m.e.nt is not necessary unless demanded in writing by the tenant, or owner of the goods, who must pay the cost of such apprais.e.m.e.nt and subsequent removal of goods for sale. Apprais.e.m.e.nt 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 ent.i.tled 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) 0 3 0 [Over 20 and under 50, 3 p.c.

on the amount; 50 to 200, 2-1/2 p.c.; above 200, 1 p.c.]

Man in possession, per day, if rent due be under 20. 0 4 6 Ditto, over 20 0 5 0 (Man to provide his own board in all cases.)

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 deductable 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."

_Answer_

"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 doc.u.ments 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 Doc.u.ments.

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 circ.u.mstances, with the sanction of the Receiver. Liquidation by private arrangement is abolished.

1536. Bankruptcy Proceedings.

Bankruptcy proceedings commence with a pet.i.tion, either by the debtor himself or by a creditor or creditors. All pet.i.tions 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.