Agricultural Holdings (England) Act 1875
| Jurisdiction | UK Non-devolved |
| Citation | 1875 c. 92 |
| Year | 1875 |
Agricultural Holdings (England) Act, 1875
(38 & 39 Vict.) CHAPTER 92.
An Act for amending the Law relating to Agricultural Holdings in England.
[13th August 1875]
B E it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:
Preliminary.
1 Short title.
1. This Act may be cited as theAgricultural Holdings (England) Act, 1875.
2 Commencement of Act.
2. This Act shall commence from and immediately after the fourteenth day of February one thousand eight hundred and seventy-six.
3 Extent of Act.
3. This Act shall not extend to Scotland or Ireland.
4 Interpretation.
4. In this Act—
‘Contract of tenancy’ means a letting of land for a term of years, or for lives, or for lives and years, or from year to year, or at will:
‘Determination of tenancy’ means the cesser of a contract of tenancy by reason of effluxion of time, or from any other cause:
‘Landlord’ means the person for the time being entitled to possession of land subject to a contract of tenancy, or entitled to receipt of rent reserved by a contract of tenancy, whatever be the extent of his interest, and although the land or his interest therein is incumbered or charged by himself or his settlor, or otherwise, to any extent; the party to a contract of tenancy under which land is actually occupied being alone deemed to be the landlord in relation to the actual occupier:
‘Tenant’ means the holder of land under a contract of tenancy:
‘Landlord’ or ‘tenant’ includes the agent authorised in writing to act under this Act generally, or for any special purpose, and the executors, administrators, assigns, husband, guardian, committee of the estate, or trustees in bankruptcy, of a landlord or tenant:
‘Holding’ includes all land held by the same tenant of the same landlord for the same term under the same contract of tenancy:
‘Absolute owner’ means the owner or person capable of disposing, by appointment or otherwise, of the fee simple or whole interest of or in freehold, copyhold, or leasehold land, although the land or his interest therein is mortgaged, encumbered, or charged to any extent:
‘County court,’ in relation to a holding, means the county court within the district whereof the holding or the larger part thereof is situate:
‘Person’ includes a body of persons and a corporation aggregate or sole.
The designations of landlord and tenant shall, for the purposes of this Act, continue to apply to the parties to a contract of tenancy until the conclusion of any proceedings taken under this Act on the determination of the tenancy.
Compensation.
5 Tenant's title to compensation.
5. Where, after the commencement of this Act, a tenant executes on his holding an improvement comprised in either of the three classes following:
First Class.
|
Drainage of land. Erection or enlargement of buildings. Laying down of permanent pasture. Making and planting of osier beds. |
Making or improving of watercourses, ponds, wells, or reservoirs, or of works for supply of water for agricultural or domestic purposes. |
Making of water meadows or works of irrigation. |
Making of fences. |
Making of gardens. |
Planting of hops. |
Making or improving of roads or bridges. |
Planting of orchards. Reclaiming of waste land. Warping of land. |
Second Class.
Boning of land with undissolved bones. |
Claying of land. Liming of land. |
Chalking of land. |
Marling of land. |
Clay-burning. |
Third Class.
Application to land of purchased artificial or other purchased manure. |
Consumption on the holding by cattle, sheep, or pigs of cake or other feeding stuff not produced on the holding. |
he shall be entitled, subject to the provisions of this Act, to obtain, on the determination of the tenancy, compensation in respect of the improvement.
6 Time in which improvement exhausted.
6. An improvement shall not in any case be deemed, for the purposes of this Act, to continue unexhausted beyond the respective times following after the year of tenancy in which the outlay thereon is made:
Where the improvement is of the first class, the end of twenty years:
Where it is of the second class, the end of seven years:
Where it is of the third class, the end of two years.
7 Amount of tenant's compensation in first class.
7. The amount of the tenant's compensation in respect of an improvement of the first class shall, subject to the provisions of this Act, be the sum laid out by the tenant on the improvement, with a deduction of a proportionate part thereof for each year while the tenancy endures after the year of tenancy in which the outlay is made and while the improvement continues unexhausted; but so that where the landlord was not, at the time of the consent given to the execution of the improvement, absolute owner of the holding for his own benefit, the amount of the compensation shall not exceed a capital sum fairly representing the addition which the improvement, as far as it continues unexhausted at the determination of the tenancy, then makes to the letting value of the holding.
8 Amount of tenant's compensation in second class.
8. The amount of the tenant's compensation in respect of an improvement of the second class shall, subject to the provisions of this Act, be the sum properly laid out by the tenant on the improvement, with a deduction of a proportionate part thereof for each year while the tenancy endures after the year of tenancy in which the outlay is made and while the improvement continues unexhausted.
9 Amount of tenant's compensation in third class.
9. The amount of the tenant's compensation in respect of an improvement of the third class shall, subject to the provisions of this Act, be such proportion of the sum properly laid out by the tenant on the improvement as fairly represents the value thereof at the determination of the tenancy to an incoming tenant.
10 Consent of landlord for first class.
10. The tenant shall not be entitled to compensation in respect of an improvement of the first class, unless he has executed it with the previous consent in writing of the landlord.
11 Deduction in first class for want of repair, &c.
11. In the ascertainment of the amount of the tenant's compensation in respect of an improvement of the first class, there shall be taken into account, in reduction thereof, any sum reasonably necessary to be expended for the purpose of putting the same into tenantable repair or good condition.
12 Notice to landlord for second class.
12. The tenant shall not be entitled to compensation in respect of an improvement of the second class, unless, not more than forty-two and not less than seven days before beginning to execute it, he has given to the landlord notice in writing of his intention to do so, nor where it is executed after the tenant has given or received notice to quit, unless it is executed with the previous consent in writing of the landlord.
13 Exclusion of compensation in third class after exhausting crop.
13. The tenant shall not be entitled to compensation in respect of an improvement of the third class, where, after the execution thereof, there has been taken from the portion of the holding on which the same was executed, a crop of corn, potatoes, hay, or seed, or any other exhausting crop.
14 Exclusion of compensation for consumption of cake, &c. in certain cases.
14. The tenant shall not be entitled to compensation in respect of an improvement of the third class, consisting in the consumption of cake or other feeding stuff, where, under the custom of the country or an agreement, he is entitled to and claims payment from the landlord or incoming tenant in respect of the additional value given by that consumption to the manure left on the holding at the determination of the tenancy.
15 Restrictions as to third class.
15. In the ascertainment of the amount of compensation in respect of an improvement of the third class,—
(1) (1.) There shall not be taken into account any larger outlay during the last year of the tenancy than the average amount of the tenant's outlay for like purposes during the three next preceding years of the tenancy, or other less number of years for which the tenancy has endured; and,
(2) (2.) There shall be deducted the value of the manure that would have been produced by the consumption on the holding of any hay, straw, roots, or green crops sold off the holding within the last two years of the tenancy or other less time for which the tenancy has endured, except as far as a proper return of manure to the holding has been made in respect of such produce sold off.
16 Deductions from compensation for taxes, rent, &c.
16. The amount of the tenant's compensation shall be subject to the following deductions:
(1) (1.) For taxes, rates, and tithe rentcharge due or becoming due in respect of the holding to which the tenant is liable as between him and the landlord:
(2) (2.) For rent due or becoming due in respect of the holding:
(3) (3.) For the landlord's compensation under this Act.
17 Set-off of benefit to tenant.
17. In the ascertainment of the amount of the tenant's compensation there shall be taken into account in reduction thereof any benefit which the landlord has given...
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