8254. Payable Weekly.-When rent is reserved per week, it is payable weekly, unless there is a very clear custom or an express stipulation to the contrary.

MONTHLY.

8255. Tenancy by the month is scarcely possible, except by special agreement, as it is too rare to be incurred by implication, only in some cases of furnished lodgings (9572).

QUARTERLY.

8256. Tenancy by the quarter, or from quarter to quarter, is not common, but it may be a binding feature in an agreement, or it may easily arise by implication; thus,

8257. Spontaneous.-A tenancy which professes to be an annual tenancy, but which is provided to be terminable any time, on ke expiration of a quarter's notice, becomes spontaneously a quarterly tenancy.

ANNUAL TENANCY.

8258. The almost universal tenancy of premises or land, of any considerable value, unless on a specific lease, is annual; and

8259. From Year to Year.-Annual tenancy is expressively called "from year to year," because it is for periods of complete years (9360).

8260. Creation by Possession.-The mere giving and taking of possession of a house which is usually let from year to year, will constitute an annual tenancy binding on both sides, unless something to the contrary is agreed to or implied by the circumstances; but,

8261. Rarely without Agreement. In the present day, it is very rare for a house to be let from year to year, without a written memorandum of agreement.

WRITTEN AGREEMENTS.

8262. Technical Leases. — Every agreement for a tenancy is technically called a lease; thus,

8263. From Week to Week.-A tenant, holding merely from week to week, if under a written agreement, might truly assert that he possessed a lease of such house; but,

8264. Convenient Abstention.-It would be convenient to all parties, if persons engaged in the letting of premises would abstain from making use of the expression "lease," except when it applies to a tenancy exceeding three years; for,

DISTINCTION OF PERIOD.

8265. The law makes a sharp distinction, between one class of agreements for tenancy and another, with reference to the period for which the tenancy is to continue; thus,

8266. Exceeding Three Years.-When a tenancy is agreed to for a period exceeding three years, the agreement, though it be in writing, is void unless it be executed in due form of a deed, regularly signed, sealed, delivered, attested, and stamped; so that,

8267. True Definition.-The law, by implication, defines the true definition of a lease to be an agreement for a term exceeding three years; hence,

8268. Element of Property.-Agreements for tenancies exceeding three years are of a nature in which a distinct element of property is presumed to reside; consequently,

8269. Separately Considered.-The law relating to leases, strictly so called, is more properly dealt with under the head of property (1198).

MEMORANDUMS OF TENANCY.

8270. A written agreement for a tenancy not exceeding three years, is usually called a memorandum; and

8271. Between the Parties.—A memorandum of tenancy may be effectually drawn in any form that may be agreed to between the parties.

8272. No Particular Form.-In executing an agreement for a tenancy not exceeding three years, no particular form of words or style of phraseology is essential to its validity; and

8273. Parties Only.-When a tenancy for three years or less is evidenced by a written instrument, it need only be signed by the contracting parties; for,

8274. Witnesses not Essential.—The presence and attestation of a witness is not necessary to the validity of a written agreement for a tenancy not exceeding three years; though,

8275. Witnesses Desirable.-There can be no valid objection to a witness, and the attestation of a witness is convenient and desirable, though not essential, in a three years' agreement.

STAMPS.

8276. Old Law.-Previously to 1871 an agreement for a tenancy, not being a formal lease, only required a half-crown agreement stamp; but,

8277. Abolishment.-By the Stamp Act of 1870, on and after

the 1st of January, 1871, the old practice, which sanctioned tenancies under three years, when evidenced by agreements with half-crown stamps, is abolished; and

8278. New Law.-An entirely new rule now prevails with regard to written agreements for tenancies; namely,

8279. Less than a Year.-When a written agreement for a tenancy is for less than a year, at a rent not exceeding £10, the stamp duty is one penny.

8280. A Year or More.-When a written agreement for a tenancy is for a year, and not exceeding 35 years, or for a rent exceeding £10, the stamp required is in proportion to the amount of rent reserved; thus ::

And for every additional £50, or fraction thereof, 5s.

NO COMPULSORY CONDITIONS.

8281. With regard to the stipulations in a common agreement to let, there is no invariable set of conditions, which are essential or compulsory; therefore,

DEPENDENT UPON AUTHORS.

8282. The particular form which a common agreement to let may assume depends upon who has the drawing of it.

8283. By Landlords.-When an agreement to let is drawn by a landlord, it may be anticipated that he will draw it so as to minimize his own responsibilities, and add to those of the tenant; and

8284. Landlords' Agents.-The system of agency (11529) which is now so prevalent invariably makes it the interest of every agent to draw agreements as much as possible in favour of the landlords; and

8285. Sharp Practice. It is a common thing for an agreement to be coolly submitted to a proposing tenant at the last moment consistent with his necessities or convenience, so that he may have no leisure to consider whether it is desirable to assent to it or not; and

BINDING EFFECT.

8286. Unless there be fraud, or affirmative misrepresentation, in the manner of executing an agreement, a tenant is bound by it when once he has signed it; therefore,

8287. Necessary Consideration.-Every proposing tenant should refuse to sign an agreement until he has not only read it, but had time to read it more than once, with a view to consideration.

8288. Form.-The following is a form for a tenancy from year to year, drawn more than usually in favour of the tenant :

Memorandum of Agreement made this tenth day of September, 1872, between A. B., of of the one part, and C. D., ofof the other part. The said A. B. agrees to let, and the said C. D. agrees to take, the dwelling-house and premises known as No. 99, High Street, in the county of from the twenty-ninth day of September instant, from year to year, at the yearly rent of £- -, payable quarterly (9049). The said A. B. agrees to maintain the whole of the external part of the buildings in a reasonably sound and weather-proof condition, as at present, and the said C. D. undertakes to preserve and deliver up the internal part of the premises in good and tenantable repair, as at present, reasonable wear and use thereof excepted, with due regard to the annexed schedule (8291). Signed by the parties onlyC.D.

MINOR DILAPIDATIONS.

A.B.

8289. When a house is let merely from year to year, at a low rent, subject to the possible or probable termination of the tenancy at the end of the first year, the tenant may be reasonably expected to put up with minor dilapidations from the first; and

8290. Schedule.-The landlord should make a schedule of such dilapidations and get the tenant to sign it, in order that the extent of them may not be exaggerated afterwards; thus,

8291. Form.-A schedule of minor dilapidations may be stated somewhat as follows:--

AGREEMENTS FOR THREE YEARS.

8292. When an agreement is entered into for a tenancy extending over three years, of course the parties are interested in the provisions thereof to a greater degree than when a mere annual tenancy is contemplated.

8293. Form.-The following form is suggested for an agreement for a tenancy for three years, with saving clauses for the tenant :

8294. Memorandum of Agreement made this twentieth day of August, 1872, between James Justice, herein styled the landlord, and John Faithful, herein styled the tenant,

8295. Their heirs, executors, administrators, and assigns, respectively.

8296. The landlord agrees to let, and the tenant agrees to take, the premises described in the first schedule, hereafter annexed (8312), for the term of three years,

8297. Commencing this day (8314),

8298. At the annual rent of £200.

8299. The landlord will give up immediate possession,

8300. And agrees to maintain all the buildings in good external weatherproof repair,

8301. Fire, storm, and tempest excepted.

8302. The tenant agrees to maintain all the gates, fences, and interiors, 8303. And to deliver up the same in good tenantable repair and order, 8304. Reasonable wear and use thereof, and fire, storm, and tempest excepted. 8305. The landlord agrees that, in case a fire, storm, or tempest, should render the house uninhabitable, the payment of rent shall be suspended until the necessary repairs are completed (9353).

8306. The tenant agrees to pay the landlord the rent reserved in four equal instalments each year, namely,

8307. £50 on the twentieth day of November, £50 on the twentieth day of February, £50 on the twentieth day of May, and 50 on the twentieth day of August (9049).

8308. And it is agreed that, if any instalment of rent shall be in arrears for more than one calendar month, the landlord shall have the power of reentry without notice (9041).

8309. The tenant shall not alter or remove any of the fixtures let herewith, as described in the second schedule hereunto annexed (8313), without the consent of the landlord.

8310. The tenant shall not assign or underlet any portion of the premises without the consent of the landlord; but,

8011. It is expressly covenanted that such consent shall not be withheld unreasonably, or without cause stated in writing.

James Justice.

Signed by the parties only John Faithful.

8312. First Schedule.—All that messuage or tenement known as Rock Castle, in the parish of St. Mary, in the county of -, together with the stables, out-buildings, garden, orchard, croft, and watercourse, as recently occupied by the late Lord Lovell, deceased.

8313. Second Schedule (Fixtures).-Kitchen: A 10-feet Flavel's Patent Kitchener, with two roasters, double oven-pan to each, fish kettle, large and small tea-kettles, set of tin saucepans, gridiron, and plate-warmer, all fitted complete. Large housekeeper's cupboard, with two doors, locks and keys, ten shelves and two drawers, &c. &c. &c. Drawing-Room: Patent 6-feet register stove, steel mounted, with ormolu mouldings, steel reflector, and Venetian ash-pan. 125 feet of 2-inch brass picture rod, fixed with 2-inch hooks, secured by screws and bosses, &c. &c. &c.