A deed Formerly unnecessary to the reservation of a rent.
Act to amend the law of real property.
Rent issues out of every part of the lauds.
(m) Co. Litt. 142 a.
(n) Litt. s. 214; Co. Litt. 143 a.
(0) Stat. 8 & 9 Vict. c. 106, s. 3, repealing stat. 7 & 8 Vict. c. 76, s. 4, to the same effect.
(p) Stat. 29 Car. II. c. 3, ante, p. 147.
(q) Sect. 2.
(r) Co. Litt. 47 a, 142 a.
In addition to the remedy by distress, there is usually contained in leases a condition of re-entry, empowering the landlord, in default of payment of the rent for a certain time, to re-enter on the premises and hold them as of his former estate. When such a condition is inserted, the estate of the tenant, whether for life or years, becomes determinable on such re-entry In former times, before any entry could be made under a proviso or condition for re-entry on non-payment of rent, the landlord was required to make a demand, upon the premises, of the precise rent due, at a convenient time before sunset of the last day when the rent could be paid according to the condition; thus, if the proviso were for re-entry on non-payment of the rent by the space of thirty days, the demand must have been made on the evening of the thirtieth day (u). But now, if half a year's rent is due, and no sufficient distress is found on the premises, the landlord may recover the premises, at the expiration of the period limited by the proviso for re-entry (x), by action of ejectment, without any formal demand or entry (y); but all proceedings are to cease on payment by the tenant of all arrears and costs, at any time before the trial (z). Formerly also the tenant might, at an indefinite time after he was ejected, have filed his bill in the Court of Chancery, and he would have been relieved by that Court from the forfeiture he had incurred, on his payment to his landlord of all arrears and costs. But now, the right of the tenant to apply for relief in equity is restricted to six calendar months next after the execution of the judgment on the ejectment (a); and by a recent statute, the same relief may now be given by the Courts of Law (b). In ancient times, also, the benefit of a condition of re-entry could belong only to the landlord and his heirs; for the law would not allow of the transfer of a mere conditional right to put an end to the estate of another (c). A right of re-entry was considered in the same light as a right to bring an action for money due; which right in ancient times was not assignable. This doctrine sometimes occasioned considerable inconvenience; and in the reign of Henry VIII. it was found to press hardly on the grantees from the crown of the lands of the dissolved monasteries. For these grantees were of course unable to take advantage of the conditions of re-entry, which the monks had inserted in the leases of their tenants. A parliamentary remedy was, therefore, applied for the benefit of the favourites of the crown; and the opportunity was taken for making the same provision for the public at large. A statute was accordingly passed (d), which enacts, that as well the grantees of the crown as all other persons being grantees (e) or assignees, their heirs, executors, successors, and assigns, shall have the like advantages against the lessees, by entry for non-payment of rent, or for doing of waste, or other forfeiture, as the lessors or grantors themselves, or their heirs or successors, might at any time have had or enjoyed; and this statute is still in force. There exist also further means for the recovery of rent, in certain actions at law, which the landlord may bring against his tenant for obtaining payment.
Condition of re-entry.
Demand formerly required.
(s) Litt. ss. 213, 214. It must be made between sunrise and sunset, Tutton v. Darke, 5 II. & N. 047.
(t) Stat. 2 Wm. & Mary, c. 5; 8 Anne, c. 11; i Geo. II. c. 28; and 11 Geo. II. c. 19; Co. Litt. 47 b, .n. (7);8tat. 3 & 4 Will. IV. C. 42', ss. 37. 38; 14 & 15 Vict. c. 25, s. 2.
(u) 1 Wms. Saund. 287, n.(16); Acocks v. Phillips, 5 II. & N. 183.
(x) Doe d. Dixon v. Bor, 7 C. B. 134.
(y) Slat. 15 & 16 Vict. c. 70, a. 210, re-enacting stat. 4 Geo. II. c. 28, e. 2.
The benefit of a condition of re-entry formerly inalienable.
Remedy by statute.
(z) Stat. 15 & 16 Vict. c. 76, s. 212, re-enacting stat 4 Geo. II. c. 28, s. 4. An under-tenant has the same privilege, Doe d. Wyatt v. Byron, 1 C. B. 623.
(a) Stat. 15 & 16 Vict. c. 76, s. 210, re-enacting stat. 4 Geo. II. c. 28, s. 2; Bowser v. Colby, 1 Hare, 109.
(b) Stat. 23 & 24 Vict. c. 126, s. 1.
(c) Litt. ss. 347, 348; Co. Litt. 265 a, n. (1).
(d) Stat. 32 Hen. VIII. c. 34; Co. Litt. 215 a; Islierwood v. Old-know, 3 Mau. & Selw. 382, 394.
(e) A lessee of the reversion is within the act, Wright v. Bur-roughes, 3 C. B. 685.
Rent service, being incident to the reversion, passes by a grant of such reversion without the necessity of any express mention of the rent (f). Formerly no grant could be made of any reversion without the consent of the tenant, expressed by what was called his attornment to his new landlord (g). It was thought reasonable that a tenant should not have a new landlord imposed upon him without his consent; for, in early times, the relation of lord and tenant was of a much more personal nature than it is at present. The tenant, therefore, was able to prevent his lord from making a conveyance to any person whom he did not choose to accept as a landlord; for he could refuse to attorn tenant to the purchaser, and without attornment the grant was invalid. The landlord, however, had it always in his power to convey his reversion by the expensive process of a fine duly levied in the Court of Common Pleas; for this method of conveyance, being judicial in its nature, was carried into effect without the tenant's concurrence; and the attornment of the tenant, which for many purposes was desirable, could in such case be compelled (h). It can easily be imagined, that a doctrine such as this was found inconvenient when the rent paid by the tenant became the only service of any benefit rendered to the landlord. The necessity of attornment to the validity of the grant of a reversion was accordingly abolished by a statute passed in the reign of Queen Anne (i). But the statute very properly provides (k), that no tenant shall be prejudiced or damaged by payment of his rent to the grantor, or by breach of any condition for non-payment of rent, before notice of the grant shall be given to him by the grantee. And by a further statute (l), any attornment which may be made by tenants without their landlords' consent, to strangers claiming title to the estate of their landlords, is rendered null and void. Nothing, therefore, is now necessary for the valid conveyance of any rent service, but a grant by deed of the reversion, to which such rent is incident. When the conveyance is made to the tenant himself, it is called a release (m).