QUALIFIED SECURITY.

1208. The ancient lessee, so long as he paid his stipulated rent, and conformed to the covenants, had an absolute right to his holding for his term, as against the lessor and his heirs; but,

1209. Possible Insecurity.-The "good old times" sanctioned the ejectment of a lessee by any paramount lord claiming over the lessor; and

1210. Legal Frauds.-As feigned suits were formerly sanctioned and encouraged by the law courts, it was a common occurrence for a beneficial lease to be destroyed by the lessor instigating some one to sue him; thus,

1211. Helplessness of Ancient Lessees.-A, for a consideration, set up a claim to the estate of B, of which C was the lessee. B suffered a verdict against him to go by default. A entered and ejected C, and thus the lease was destroyed. Afterwards, A, for another consideration, restored possession to B, and the farce was ended, C being the victim, with nothing but a suit for damages to console him.

STATUTE OF GLOUCESTER.

1212. Better security for lessees was first provided by the Statute of Gloucester, previously referred to as 6 Ed. I. c. 11 (1200).

1213. London only.-The Statute of Gloucester was designed to empower the mayor and corporation of London to interfere for the prevention of fictitious suits for the ejectment of lessees, but that Act applied to London alone.

1214. Delayed Reforms.-The Statute of Gloucester proved extremely defective, but so strong were the freeholders, that they effectually resisted any further protection for lessees until 21 Henry VIII. c. 15.

1215. Reliable Security.-The object of the Statute 21 Henry VIII. c. 15, was to render duly executed leases perfectly secure against all claims of any landlord who might succeed to the original lessor; so that,

MODERN SECURITY.

1216. Since the time of Henry VIII. an estate in a lease for years has been secure as a freehold, and frequently more secure; and

GROWING STRENGTH OF LESSEES.

1217. Though lessees are technically inferior to freeholders, yet the gradual advance of opinion in their favour has conferred upon them nearly all the social and political rights which were formerly accorded to freeholders only.

NECESSARY CONDITIONS OF A GOOD LEASE.

1218. Essential Disqualifications.-Numerous decisions have determined that a lease may be void if either of the parties to it is disqualified for entering into such an agreement.

1219. Defective Title.-If the person granting a lease has not a good title to the property and he should consequently be dispossessed, the lease is void or not at the option of his successor, for the lessee on his part is bound, notwithstanding the transfer.

1220. Personal Incapacity. — Legal incapacity for executing binding leases extends to numerous persons, who are incapable of becoming either lessors or lessees; such incapacity includes :— 1221. Married women (3)

1222. Minors ()

1223. Persons of unsound mind (©)

1224. Weak and aged persons (†)

1225. Persons suffering from grievous illness or injury (©)

1226. Persons undoubtedly in a state of intoxication (©)

1227. Prisoners (©)

1228. Outlaws ()

1229. Lessee Bound, at Any Rate.-If a minor or other incapable person grant a lease, and the terms are beneficial to the lessor, the lease is binding upon the lessee; but,

1230. Lessor not Necessarily Bound.-Nothing is more clearly laid down than the law which decides that a lease obtained from a minor or incapable person, contrary to the interests of that person, is voidable, and can be terminated by the incapable person's representatives any time; or,

1231. Inequality of Rights.—If a minor is induced to grant a lease, whether it be beneficial to him or not, he is not bound, but the lessee is bound; and

1232. During Minority.-Though a lease by a minor may endure for many years, he can terminate it any time during his minority; but, 1233. Acquiescence.—If a minor, after coming of age, or a person temporarily incapacitated, after recovery, openly acknowledge a lease he has previously granted, or once accepts rent, the lease becomes binding upon him.

IMPEACHABLE LEASES.

1234. Relationship of Parties.-Though each party to a lease may in himself be qualified to execute the instrument effectually, yet he may be disqualified by reason of his relationship to the other party; so that,

(*) See "Husband and Wife." (b) See "Minors." (c) See "Wills."

1235. Lack of Free Bargain.-When a lease is executed between parties whose relationship is inconsistent with a free bargain between them, the lease is voidable; thus,

1236. A lease cannot be effectually granted by anyperson to his own agent or steward; nor

1237. By a client to his attorney; nor

1238. By a ward to his guardian, immediately after the majority of the former; nor

1239. By a cestui que trust (a) to his trustee ; and

1240. A voidable lease may be successfully impeached any time afterwards by the weaker party.

1241. Undue Influence.-Where a person in a strong position of influence over another obtains a lease by force of that influence, the courts will view the transaction with extreme jealousy, and the slightest appearance of unfair dealing alleged by the lessor, will sustain him in an appeal against the continuance of such a lease ; notwithstanding,

1242. Wide Margin of Discretion.-There is no absolute rule which prohibits a person under the influence of another from granting to that other a lease; though,

1243. Suspicious Circumstances.-The slightest suspicion that a lessee has had it in his power to unduly influence a lessor to grant a lease for less than a proper consideration, will induce the court to declare such lease void; for,

1244. Obligation upon Stronger Party.-Where there has been a manifest opportunity of exerting influence it is incumbent upon the lessee to show that he made a good bargain for the lessor as against himself, and that he agreed for at least as large an amount of rent, or other consideration, as could have been obtained from any other person.

NATURE OF A LEASE.

1245. The Term.-Every document which confers an occupation tenancy, is called in law a lease; but,

LEASES PROPER.

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1246. Under the head of 'leases proper" it is better to include only the popular notion of a lease, as extending to a valuable term of years; for,

RARITIES OF SHORT TERMS BY DEED.

1247. Though a lease for three years or less may be executed in the form of a solemn deed, with covenants, it is rare for such a deed to be done; and

(a) See "Trustées."

1248. Not Strictly Property.—As leases for three years or less may be entered into either verbally or by a mere memorandum, they are seldom looked upon as of sufficient value to be recognized under the head of property; therefore,

1249. Noticed Elsewhere.-Tenancies not exceeding three years in duration are more especially dealt with under the head of "landlord and tenant;" (^) on the contrary,

ESSENTIAL DISTINCTION.

1250. It is important to observe that all leases for more than three years must be by deed under seal; consequently,

AGREEMENTS FOR LEASES.

1251. For the ostensible purpose of avoiding the delay and expense of a regular deed, a vicious practice has arisen of letting and holding under an agreement for and in lieu of a lease; but,

1252. Legitimate Purpose.—Agreements for leases should never be resorted to but for their legitimate purpose, namely, that of determining the terms of the lease in contemplation; for,

1253. Risk of Litigation.-Every person who wishes to avoid expense and litigation, and to acquire actual property in a lease, should insist upon the execution of a deed in due form (1287), and should refuse to take possession without such deed.

1254. Agreement sometimes Desirable.-Though agreements in lieu of leases are most objectionable, it is sometimes desirable to enter into a preliminary agreement to execute a lease, with the distinct understanding that the lease is to be executed before taking possession.

1255. Obligation of Agreements.-Where an agreement for a lease is duly drawn and executed, there ought to be no difficulty about determining the obligation of the parties to proceed upon it; but,

INFORMAL WRITINGS.

1256. An informal writing, not executed by both parties, may in some cases be interpreted to bind the writer to the execution of a lease; for instance,

1257. Ordinary Letters.-A letter written by any person expressing a willingness to let or take a lease, may be interpreted to bind the writer, whether the letter be addressed to the other interested party or not; and

1258. Unsigned Memorandum.—A memorandum in a man's own

(a) See "Landlord and Tenant."

manuscript book in his own hand-writing has been taken to bind him to execute a lease, even though not signed by any one; and 1259. Implied Agreements.—An agreement for a lease may be implied, though the document cannot be produced; or,

VERBAL AGREEMENTS.

1260. Verbal agreements may be implied, whether admitted to have been made or not; as appears by the following notable cases :EVIDENCE OF AGREEMENT.

1261. A draft of a lease was submitted to a landlord for inspection and approval, and he wrote thereon, "I hereby request Mr. Shipply to endeavour to let the premises to some other person, as it will be inconvenient for me to perform my agreement for them," and the draft being produced in court with the memorandum upon it, it was taken to be conclusive evidence that there was a binding agreement, either written or verbal, though no other evidence of it was produced.

AVOIDANCE OF POSSESSION.

1262. After an agreement for a lease is entered into, the intending lessee should not take possession of the premises until the lease is fully executed; for,

1263. Option of Lessee.-If an intending lessor give up possession under an agreement for a lease, the tenant can legally relinquish possession and abjure all responsibility at any moment, until rent for a stated period has been paid by him; and, on the other hand,

1264. Option of Lessor.-If an intending lessee take possession of premises under a mere agreement for a lease, he is only a tenant at will upon sufferance (a), and can be legally ejected at a moment's notice, even though he may have been months in possession, or may have expended heavily in alterations; but,

EFFECT OF RENT PAID.

1265. Payment and acceptance of rent for a specific period binds the landlord not to eject at will; yet,

1266. Annual Tenancy only.-Mere possession under an agreement for a lease, is only at best a tenancy from year to year, and can be terminated at the end of any year by six months' notice; because,

1267. No Tenancy.—An agreement for a lease does not of itself confer any tenancy whatever; so that,

1268. Limits of Agreement.—Any tenancy under a mere agree

(a) See "Landlord and Tenant."