Landlord and Tenant Act 1730
| Jurisdiction | UK Non-devolved |
| Citation | 1730 c. 28 |
(4 Geo. 2) C A P. XXVIII.
FO R securing to Lessors and Land Owners their just Rights, and to prevent Frauds frequently committed by Tenants, Be it enacted by the Kings 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, That in case any Tenant or Tenants for any Term of Life, Lives or Years, or other Person or Persons, who are or shall come into Possession of any Lands, Tenements or Hereditaments, by, from or under, or by Collusion with such Tenant or Tenants, shall wilfully hold over any Lands, Tenements or Hereditaments, after the Determination of such Term or Terms, and after Demand made, and Notice in Writing given, for delivering the Possession thereof, by his or their Landlords or Lessors, or the Person or Persons to whom the Remainder or Reversion of such Lands, Tenements or Hereditaments shall belong, his or their Agent or Agents thereunto lawfully authorized; then and in such Case such Person or Persons so holding over, shall, for and during the Time he, she and they shall so hold over, or keep the Person or Persons intitled, out of Possession of the said Lands, Tenements, and Hereditaments, as aforesaid, pay to the Person or Persons so kept out of Possession, their Executors, Administrators or Assigns, at the Rate of double the yearly Value of the Lands, Tenements and Hereditaments so detained, for so long Time as the same are detained, to be recovered in any of his Majesty's Courts of Record, by Action of Debt, whereunto the Defendant or Defendants shall be obliged to give special Bail, against the recovering of which said Penalty there shall be no Relief in Equity.
'II. And whereas great Inconveniencies do frequently happen to Lessors and Landlords, in Cases of Re-entry for Nonpayment of Rent, by reason of the many Niceties that attend the Re-entries at Common Law; and forasmuch as when a legal Re-entry is made, the Landlord or Lessor must be at the Expence, Charge, and Delay, of recovering in Ejectment, before he can obtain the actual Possession of the demised Premisses; and it often happens that after such a Re-entry made, the Lessee or his Assignee, upon one or more Bills filed in a Court of Equity, not only holds out the Lessor or Landlord by an Injunction, from recovering the Possession, but likewise, pending the said Suit, do run much more in Arrear, without giving any Security for the Rents due, when the said Re-entry was made, or which shall or do afterwards incur:' For remedy whereof, be it enacted by the Authority aforesaid, That in all Cases between Landlord and Tenant, from and after the twenty-fourth DayofJune one thousand seven hundred and thirty-one, as often as it shall happen that one half Year's Rent shall be in Arrear, and the Landlord or Lessor, to whom the same is due, hath Right by Law to re-enter for the Nonpayment thereof, such Landlord or Lessor shall and may, without any formal Demand or Re-entry, serve a Declaration in Ejectment for the Recovery of the demised Premisses, or in case the same cannot be legally served, or no Tenant be in actual Possession of the Premisses, then to affix...
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