Tenant-in-chief

“ The tenant takes an estate in the premises hired, and persons who occupy by his permission, or as members of his family, cannot be considered as occupying by the invitation of the landlord, so as to create a greater liability on the part of the landlord to them than to the tenant. ”

“ Everyone should pledge himself (1) to abide by the decision of the majority; (2) to hold no communication with the landlord or any of his agents, except in presence of the body of the tenantry; (3) to accept no settlement for himself which is not given to every tenant on the estate.
On the rent-day, the tenantry should proceed to the rent-office in a body. If the agent refuses to see them in a body, they should on no account confer with him individually, but depute the chairman to act as their spokesman and acquaint them of the reduction which they require. ”

“ The tenant is glad to submit to an arbitration to save his money; and in all such disputes, being the weaker party, he suffers most in purse and character. The landlord, who ought to have been the protector, is thus converted into the unconscious oppressor of his tenant. ”

“ How far is it recognised by the landlords?—The landlord merely consents to the party coming in: he does not interfere with the tenant disposing of his interest, if he gets a decent man and an honest man for a tenant, whose character is recommended. He has no objection to the tenant disposing of his farm to the best advantage. ”

“ I think a landlord has a right to demand every kind of support from his tenant, and that if the tenant claims the privilege of running counter to his landlord's interest, then the landlord is justified in removing the tenant off his property as soon as he can. ”

“ A tenant is not entitled, without the landlord’s consent, to change the character of the subjects demised, and, except under an agricultural lease, he is bound to quit the premises on the expiration of the lease. ”

“ The tenant is, however, recognized as the creator and owner of any improvements he may erect upon the land, and, at the expiration of his lease, the government undertakes to pay him a fair compensation for such improvements, provided he has lived up to the letter of regulations respecting his tenure. ”

“ The landlord, especially if he battens on the poorer sort of tenants, is always in fear of the Board, and the tenant is in love with it, for he knows that, in a community otherwise delivered over to the pursuit of pelf or pleasure, it stands his ready friend, whose mandate private interest obeys as it obeys no other. ”

“ The farmer should have the right of selling his tenancy to anyone whom he chooses, subject to the landlord's right to urge any objection to the new tenant before the District Land Court. The new tenant to hold on the same terms as the old, that is, not to be ejected or to have his rent raised without the sanction of the Court. ”

“ The absolute and ultimate owner of all land is the crown, and the highest interest that a subject can hold therein—viz. an estate in fee simple—is only a tenancy. But this aspect of the law, under which the landlord, other than the crown, is himself always a tenant, falls beyond the scope of the present article, which is restricted to those holdings that arise from the hiring and leasing of land.
The legal relationship of landlord and tenant is constituted by a lease, or an agreement for a lease, by assignment, by attornment and by estoppel. And first of a lease and an agreement for a lease. ”

“ Why, these leases are perpetual, and the tenant cannot be dispossessed. The longer a lease is, other things being equal, the better it is for the tenant, all the world over. Let us suppose two farms, the one leased for five years, and the other forever. Which tenant is most independent of the political influence of his landlord, to say nothing of the impossibility of controlling votes in this way in America, from a variety of causes? Certainly he who has a lease forever. He is just as independent of his landlord as his landlord can be of him, with the exception that he has rent to pay. ”

“ A tenancy at sufferance is created by a tenant unlawfully retaining possession of the premises after the termination of his lease, without the consent of the landlord. If A rents B's house for one year, and at the expiration of the year A, without B's consent retains possession of the house, he is a tenant at sufferance. He is a trespasser, and may be ejected by B. Tenancies at will and at sufferance are estates in land. ”

“ Meanwhile my agents are buying up and cleansing some of the worst old tenement houses in the city, and I am searching in every direction for the right person to put in charge of them. I find that this is the most important feature of it all. There must be constant, tireless supervision, and I find that it really pays to give one good tenant his rent free on condition that he keep the building clean and orderly. He must, of course, be one who has enough moral power to enforce all necessary rules. ”

“ A fine of two years' rent is to be imposed on changes of tenantry; all tenants [285] paying above 20s. rent were required to maintain a horse and man with armour, tenants paying under 20s. being commanded to serve in person: these services to be strictly and fully executed in cases of need. Each tenant is directed to repair his own homestead. In case of the death of a married tenant, one-half of the tenement is assigned to the widow, to be held during her chaste widowhood, and the other half to the heir or heirs. ”

“ A tenant is not responsible, under such a covenant, for deterioration due to diminution in value caused by lapse of time or by the elements. Where there is an unqualified covenant to repair, and the premises during the tenancy are burnt down, or destroyed by some other inevitable calamity, the tenant is bound to rebuild and restore them at his own expense, even although the landlord has taken out a policy on his own account and been paid by the insurance company in respect of it. ”

“ No landlord should get one penny rent on any part of his estates, wherever situated, so long as he has one tenant unjustly evicted. This policy strikes not only at the landlord but the whole ungodly crew of agents, attorneys, and bum-bailiffs. Tenants should be the first to show their sympathy with one another, and prompt publicity should be given to every eviction, that the tenants of the evictor wherever he holds property may show their sympathy. ”

“ It is with these motives that a tenant should wish to occupy land; and it is the duty of every landlord who has his own interest truly at heart, to see that his land be not let at such a rent as will preclude the possibility of comfort or independence on the part of his tenantry. ”

“ That any man who is in any sense a public servant should, by virtue of being nominated to hold an office, be made tenant for life of a real estate from which only by an act of his own can he be removed—that would seem to most of us so entirely startling and outrageous in the abstract as to be absolutely intolerable in the concrete reality. ”

“ There is, no doubt, in counties and in the smaller boroughs, a large amount of servile dependence still remaining; but the temper of the times is adverse to it, and the force of events is constantly tending to diminish it. A good tenant can now feel that he is as valuable to his landlord as his landlord is to him; a prosperous tradesman can afford to feel independent of any particular customer. ”

“ The tenant must have a fixed tenure, and not be liable to disturbance so long as he paid the rent settled by the proposed valuation. If he chose to quit, or if he could not pay his rent, he must have the right to the market value of his tenancy. ”

“ As the landlord cannot induce any bailiffs to cross the threshold, the tenant who is, notwithstanding their ghastly condition, quite cheerful on the premises, is several quarters in arrear with his rent. ”

“ Are we to have landlord right levelled down while tenant right is to be levelled up? We have yet to see it. It cannot, however, in fairness be denied that there are certain circumstances in which the tenants' third complaint above-mentioned is just and reasonable. While a tenant is strictly tied down under the conditions of his lease to a certain rotation of cropping, and various other regulations regarding his use of the land, the proprietor is left practically unfettered as to the extent of increase of game that he may allow to take place. ”

“ In many cases the parties may be prepared to act upon and abide by such agreement, but strictly speaking, if no application to the Court be made for its specific performance, or for some reason or other such application is not granted, there will only be a tenancy at will if the tenant has merely entered into possession, or a tenancy from year to year, if rent has been paid. ”

“ They are let to a tenant who is responsible to the landlord for the whole rent, and who sublets such rooms as she can do without in order to get enough money for the rent-collector. She is often a woman with five or six children, who would not, on account of her [30] large family, be an acceptable subtenant. ”

“ As for a quarter sale, I can see no more hardship in it than there is in paying the rent itself; and, by giving the landlord this check on the transfer of his lands, he compels a compromise that maintains what is just. The tenant is not obliged to sell, and he makes his conditions accordingly, when he has a good tenant to offer in his stead. When he offers a bad tenant, he ought to pay for it. ”

“ To give as little and get as much as he can, is now, in too many cases, the short and simple rubric of that code which guides the landlord in his contract with the tenant. The tenant extends the principle, and looks upon the labour of his ploughman as a mere purchaseable article, that supplements the deficiency of machinery, and is necessary to guide the muscular energies of the horse. ”

“ My lord has heard from the steward that you are an honest tenant, and has directed that any alteration you may require in your tenement shall be attended to, and that the field which lies at the back of your dwelling be added to it without additional rent ”

“ It is usual for a resident landlord to have an agent too, but he is subject to the personal observation, and under the immediate control of the landlord, who can be easily appealed to, if a misunderstanding should arise between him and any tenant. It is always a great satisfaction to the weaker party to have an opportunity of going, as they say, to the "fountain-head." ”

“ But if the true object of our land-system is to make the most out of the soil, then the farmer must be encouraged to do his very best by having the right to sell his tenancy at the best price he can get for it. At the same time we should protect the landlord from having an unsuitable tenant thrust upon him, by giving him the right of appealing to the Land Court, where the proposed incoming tenant could be put upon his oath as to his means, his character, and his qualifications. ”

“ Houses intended for the use of more than one family should, I consider, be definitely let off to more than one family. Each tenant should deal direct with the landlord.
The tenants might do more for themselves if they understood and could use their rights—if they expected to be more comfortable than they are. They put up with broken and defective grates which burn twice the coal for half the heat; they accept plagues of rats or of vermin as acts of God ”

“ A lord may distrain land within his fee for rents, customs, or services due without naming the tenant, because of the existence of secret feoffments and leases made by their tenants to unknown persons. ”

“ Where furnished apartments are let for immediate use, the law implies an undertaking on the part of the landlord that they are fit for habitation, and, if this condition is broken, the tenant may refuse to occupy the premises or to pay any rent. ”

“ When a tenant meets the landlord whom he has deserted in the critical momont of the contest the landlord to whom he has solemnly promised his support, and who, perhaps, as a member of the legislature, has advocated his claims and his rights, and who, probably, has been kind and indulgent to him—I say, when he meets him afterwards, his shufflings, excuses, and evasions are grievous. ”

“ The question of repairs, when the tenants make their requests or the rent-collector’s inspection discovers places where they may be needed, is a matter determined by urgency, and by the amount of money already expended on the property, and by the evinced cooperative spirit of the tenant. It stands to reason that slovenly and destructive occupants are not accorded the same attention that is given to the representatives of those who are clean and careful and prompt in their payments. ”

“ When a lease is about to expire a difficult question sometimes arises, what can the tenant take away with him? Of course he can remove all his furniture and the things that can be separated without injury to the premises, but during his tenancy, he may have added things possessing a more permanent nature, called fixtures, these he cannot remove. ”

“ The tenant has the right to purchase the landlord's share also on terms to be settled by a Partition Committee. This class of tenant could thus become a peasant proprietor in the true sense of the term. ”

“ An Irishman, when he goes to take a farm, if he wants to prove to his landlord that he is a substantial man, offers to become an ENGLISH TENANT. If a tenant disobliges his landlord by voting against him, or against his opinion, at an election, the tenant is immediately informed by the agent that he must become an ENGLISH TENANT. This threat does not imply that he is to change his language or his country, but that he must pay all the arrear of rent which he owes, and that he must thenceforward pay his rent on that day when it becomes due. ”