Rights given by the Conveyancing: Act of 1881 to enforce lessees' covenants and conditions.

In leases granted under statutory powers.

In other leases.

(u) Manchester Brewery Co. v. Coombs, 1901, 2 Ch. 608; Rickett v. Green, 1910, 1 K. B. 253.

(x) Stat 41 & 45 Vict. c. 41, s. 10.

(y) Stat.44 &45Vict.c. 41, s. 18.

(z) Municipal, etc Building ' . 22 Q. B. D. 70.

(a) Stat. 45 & 46 Vict. c. 38, 88. 6 - 12, 20; see Wms. Real Prop. 121 - 123, 125, 189, 403, 404, 21st ed.

(b) Rickett v. Green, 1910, 1 k. B. 263; see Wms. Real Prop. 74, 108. 118, 218, 513, 21st ed.

26 (2)

Remedy given to the person entitled to the income of the land leased.

The assignee of the reversion on a lease cannot sue the lessee for any rent due (h) or for any breach of covenant committed previously to the assignment (i). And he is not entitled to exercise any right of re-entry given by the lease in respect of any breach of covenant committed previously to the assignment (k); nor can the right to re-enter for any such past breach of covenant be effectually assigned to him, as a right of entry for condition broken is not assignable in law (l). It does not appear that the law has been altered in any of these respects by the provisions of the Conveyancing Act quoted in the preceding paragraph (m).

Assignee of reversion cannot sue for rent due or breach of covenant committed before his time.

(c) Stat. 27 Hen. VIII. c. 10; see Wms. Real Prop. 392, 554, 21st ed.

(d) See Whitlock's case, 8 Rep. 69b, 71a; Isherwood v. Oldknow, 3 M. & S. 382; Gremaway v. Bart, 14 C. B. 340; Yellowly v. Gower, 11 Ex. 274; Davidson, Prec. Conv. vol. iii. pp. 484 and n. (x), 491 - 500, 3rd ed.; vol. ii. pt. ii. p. 336, n., 4th ed.; Sug. Pow. 722, 813 - 815, 8th ed.; Williams on Settlements, 36 - 39, 311 - 313.

(e) Turner v. Walsh, 1909, 2 K. B. 484.

(f) Rickett v. Green, 1910, 1 K. B. 253.

(g) Above, pp. 402, note (t), 403, note (u) .

(h) Flight v. Bentley, 7 Sim. 149, 151.

(i) Johnson v. St. Peter's Churchwardens, 4 A. & E. 520; Martyn v. Williams, 1 H. & N. 817; cf. Mascal's case, 1 Leon. 62; Brown v. Trumper, 26 Beav. 11, 16. The statement to the contrary made in Sug. V. & P. 181 and adopted in 2 Dart, V. & P. 814, 5th ed. (916, 6th ed.; 824, 7th ed.) seems to be incorrect. The mere right to sue for damages for a past breach of covenant, other than a covenant to pay money, appears not to be assignable: see Tnrkington v. Magee, 1902, 2 K. B. 427, 434; Dawson v. Great Northern and City Bail., 1905, 1 K. B. 260, 270, 271.

(k) Fenn v. Smart, 12 East, 444; Hunt v. Bishop, 8 Ex. 675, 680; Hunt v Remnant, 9 Ex. 635, G40; Crane v. Batten, 2 Com. Law Rep. 1696; 23 L. T. (O S.) 220; Williams on Seisin, 125; Cohen v. Tannar, 1900, 2 Q. B. 609; cf. Bennett v. Herring, 3 C. B. N. S. 370.

Where land has been let for a term of years and the reversion of part only of the land is assigned over, the rent is apportionable at common law (n), and the assignee can sue on the lessee's covenants under the statute 32 Hen. VIII. c. 34, with respect to that part of the land of which the reversion has been assigned to him (o). But the assignee of the reversion of part of lands demised could not, under the statute of Henry VIII., take advantage of any condition of re-entry contained in the lease; for the condition was destroyed by the severance of the reversion and was no longer enforceable even by the original landlord as to that part of the reversion which he retained (p). By Lord St. Leonards' Act (q), where the reversion upon a lease is severed and the rent is legally apportioned (r), the assignee of each part of the reversion is allowed to take the benefit of a condition of re-entry for non-payment of rent in respect of the apportioned rent so belonging to him. And under the Conveyancing Act of 1881 (s), on severance of the reversion on a lease made after that year every condition of re-entry or other condition therein contained (including, of course, any condition of re-entry for breach of covenant) is apportionable, and may be enforced by the assignee or other person entitled to each part of the reversionary estate. But the assignee of the reversion of part of the land demised by a lease made before the year 1882 cannot take advantage of a proviso for re-entry on breach of covenant: though the condition is apportionable if the reversion were severed by act in the law, or by the involuntary act of the reversioner, as where part of the land leased has been taken compulsorily under the Lands Clauses Act, 1845 (t). Where lands have been let to a tenant from year to year, and the reversion of part of the lands is assigned, a valid notice to quit can only be given by the persons for the time being entitled to the reversion of the whole of the demised premises, and the assignee of the reversion of part cannot give notice to determine the tenancy as to his part (u). It does not appear that in this respect the law has been altered by the Conveyancing Act of 1881 (x). As already mentioned (y), when the reversion of part of lands leased for years is sold by auction, it is usual to stipulate that the purchaser shall be entitled to some specified portion of the rent, and shall not require the rent to be legally apportioned.

Severance of reversion on a lease for years.

Its effect on conditions of re-entry.

(l) See cases cited in previous note; Jenkins v. Jones, 9 Q. B. D. 128, 131; below, Chap. XV.

(m) See Cohen v. Tannar, 1900, 2 Q. B. 609; Morris v. Kennedy, 1896, 2 Ir. R. 247.

(n) 2 Inst. 504. Rent can only be legally apportioned with the consent of the tenant to the apportionment, or by the verdict of a jury: Bliss v. Col-lins, 5 B. A: A. 876; Mayor of Swansea v. Thomas. 10 Q. B. D.

48; 1 Davidson, Prec. Conv. 546, 4th ed.; 452, 5th ed.

(o) Twynam v. Pickcard. 2 B. & A. 105; Badeley v. Vigurs, 4 E. & B. 71: Mayor of Swansea v. Thomas, 10 Q. B. D. 48.