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Allotments and Cottage Gardens Compensation for Crops Act 1887

As Enacted Cited authorities 2 Cited in Amendments 3 Related
Vincent
JurisdictionUK Non-devolved
Citation1887 c. 26


Allotments and Cottage Gardens Compensation for Crops Act, 1887

(50 & 51 Vict.) CHAPTER 26.

An Act to provide Compensation to the Occupiers of Allotments and Cottage Gardens for crops left in the ground at the end of their tenancies.

[8th August 1887]

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:

S-1 Short title.

1 Short title.

1. This Act may be cited as theAllotments and Cottage Gardens Compensation for Crops Act, 1887.

S-2 Extent of Act.

2 Extent of Act.

2. This Act shall not extend to Scotland or Ireland or to the metropolis.

S-3 Commencement of Act.

3 Commencement of Act.

3. This Act shall come into force on the first day of January one thousand eight hundred and eighty-eight, which day is in this Act referred to as the commencement of this Act.

S-4 Definitions.

4 Definitions.

4. In this Act—

‘The metropolis’ means the city of London and all parishes and places mentioned in Schedules A, B, and C to the Metropolis Management Act, 1855.

‘Allotment’ means any parcel of land of not more than two acres in extent held by a tenant under a landlord and cultivated as a garden or as a farm, or partly as a garden and partly as a farm.

‘Cottage garden’ means an allotment attached to a cottage.

‘Holding’ means an allotment or cottage garden.

‘Tenant’ means the holder of a holding under a landlord for any term, and includes the legal personal representative of a deceased tenant.

‘Landlord’ means the person for the time being entitled to receive the rents and profits of any holding.

‘Person’ includes a body of persons and a corporation aggregate or sole.

‘Contract of tenancy’ means the letting of land for any term.

‘Determination of tenancy’ means the cesser of a contract of tenancy by effluxion of time or from any other cause.

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 a tenancy.

S-5 Compensation.

5 Compensation.

5. Upon the determination of the tenancy of a holding after the commencement of this Act the tenant shall be entitled notwithstanding any agreement to the contrary to obtain from the landlord compensation in money for the following matters and things, that is to say:—

a .) For crops, including fruit, growing upon the holding in the ordinary course of cultivation, and for fruit trees and fruit bushes growing thereon, which have been planted by the tenant with the previous consent in writing of the landlord
b .) For labour expended upon and for manure applied to the holding since the taking of the last crop therefrom in anticipation of a future crop
c .) For drains and for any outbuildings, pigsties, fowlhouses, or other structural improvements made by the tenant upon his holding with the written consent of his landlord
S-6 Deduction from compensation on account of rent or breach of contract.

6 Deduction from compensation on account of rent or breach of contract.

6. In the ascertainment of the amount of compensation payable to the tenant under this Act, any sum due to the landlord in respect of rent or of any breach of the contract of tenancy or wilful or negligent damage committed or permitted by the tenant shall be taken into account in reduction of the amount of compensation.

S-7 Compensation if not agreed upon to be settled by an arbitrator.

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