Enquire Within Upon Everything Part 127

1469. Purchase of Goods by Servants for Employer.

A servant cannot by buying goods for his employer's use pledge his master's credit, unless his master authorized him to do so, or unless the master has previously paid for goods bought by the servant in like manner on a former occasion. If a master contracts with a servant to provide certain things and pays him for so doing, a tradesman supplying the things can only sue the servant and not the master for his money.

1470. Privileged Communications.

An action will not lie against an employer for giving an unfavourable character of a servant, even though it be in writing. Communications of this nature, in answer to inquiries, are considered privileged. But if it can be proved that an employer has given a _false_ character from motives of _malice_, then an action for libel will lie against him; but the representations must be proved to be false as well as malicious.

1471. Laws of Landlord and Tenant.

1472. Leases.

A lease is a conveyance of premises or lands for a specified term of years, at a yearly rent, with definite conditions as to alterations, repairs, payment of rent, forfeiture, &c. Being an instrument of much importance, it should always be drawn by a respectable attorney, who will see that all the conditions, in the interest of the lessee, are fulfilled.

[SAVING AFFORDS THE MEANS OF GIVING.]

1473. Precaution.

In taking a lease, the tenant's solicitor should carefully examine the covenants, or if he take an underlease, he should ascertain the covenants of the original lease, otherwise, when too late, he may find himself so restricted in his occupation that the premises may be wholly useless for his purpose, or he may be involved in perpetual difficulties and annoyances; for instance, he may find himself restricted from making alterations convenient or necessary for his trade; he may find himself compelled to rebuild or pay rent in case of fire; he may find himself subject to forfeiture of his lease, or other penalty, if he should underlet or a.s.sign his interest, carry on some particular trade, &c.

1474. Covenants.

The covenants on the landlord's part are usually for the quiet enjoyment of the premises by the lessee. On the tenant's part, they are usually to pay the rent and taxes; to keep the premises in suitable repair; and to deliver up possession when the term has expired.

1475. Rent and Taxes.

The lessee covenants to pay the rent and all taxes, except the land and property taxes, which may be deducted from the rent.

1476. a.s.signments.

Unless there be a covenant against a.s.signment, a lease may be a.s.signed, that is, the whole interest of the lessee may be conveyed to another, or it may be underlet; if, therefore, it is intended that it should not, it is proper to insert a covenant to restrain the lessee from a.s.signing or underletting. Tenants for terms of years may a.s.sign or underlet, but tenants at will cannot.

1477. Repairs.

A tenant who covenants to keep a house in repair is not answerable for its natural decay, but is bound to keep it wind and water tight, so that it does not decay for want of cover. A lessee who covenants to pay rent and keep the premises in repair, is liable to pay the rent although the premises may be burned down, unless a stipulation to the contrary be inserted in the lease.

1478. Neglect of Repairs by Landlord.

If a landlord covenant to repair, and neglect to do so, the tenant may do it, and withhold so much of the rent. But it is advisable that notice thereof should be given by the tenant to the landlord, in the presence of a witness, prior to commencing the repairs.

1479. Right of Landlord to Enter Premises.

A landlord may enter upon the premises (having given previous notice, although not expressed in the lease), for the purpose of viewing the state of the property.

1480. Termination of Leases.

A tenant must deliver up possession at the expiration of the term (the lease being sufficient notice), or he will continue liable to the rent as tenant by sufferance without any new contract; but if the landlord recognises such tenancy by accepting a payment of rent after the lease has expired, such acceptance will const.i.tute a tenancy; but previous to accepting rent, the landlord may bring his ejectment without notice; for, the lease having expired, the tenant is a trespa.s.ser. A lease covenanted to be void if the rent be not paid upon the day appointed, is good, unless the landlord make an entry.

1481. Rights of Married Women.

Married Women, with the concurrence of their husbands, may grant leases by deed for any term. Husbands, seised in right of their wives, may grant leases for twenty-one years. If a wife is executrix, the husband and wife have the power of leasing, as in the ordinary case of husband and wife. A married woman living separate from her husband may by taking a lease bind her separate estate for payment of the rent and performance of the covenants.

1482. Copyholders.

Copyholders may not grant a lease for longer than one year, unless by custom, or permission of the lord: and the lease of a steward of a manor is not good, unless he is duly invested with a power for that purpose.

1483. Notices.

All notices, of whatever description, relating to tenancies, should be in writing, and the person serving the said notice should write on the back thereof a memorandum of the date on which it was served, and should keep a copy of the said notice, with a similar memorandum attached.

1484. Yearly Tenancies.

Houses are considered as _let_ for the year, and the tenants are subject to the laws affecting annual tenancies, unless there be an agreement in writing to the contrary.

1485. _Agreement for taking a House on an Annual Tenancy_.

Memorandum of Agreement, entered into this----day of-------18--, between R.A., of----, and L.O., of of----, as follows:

The said R.A. doth hereby let unto the said L.O. a dwelling-house, situate in----, in the parish of-----, for the term of one year certain, and so on from year to year, until half a year's notice to quit be given by or to either party, at the yearly rent of---- pounds, payable quarterly; the tenancy to commence at----day next.

And the said R.A. doth undertake to pay the land-tax, the property-tax, and the sewer-rate, and to keep the said house in all necessary repairs, so long as the said L.O. shall continue therein.

And the said L.O. doth undertake to take the said house of R.A. for the before-mentioned term and rent, and pay all rates and taxes, except as aforesaid. The said R.A. to be at liberty to re-enter if any rent shall be in arrear for 21 days, whether such rent has been demanded or not.

Witness our hands, the day and year aforesaid.

Witness, G.C.

R.A.

L.O.

1486. Payment of Taxes by Landlord.

If the landlord agree to pay all the rates and taxes, then a different wording of the agreement should take place, as thus: