ht agree in writing that the Act
should not apply to their contract of tenancy, so in 1883 when the
Agricultural Holdings Act of that year (46 & 47 Vict. c. 61)[675] was
passed, it was made compulsory as far as regarded compensation, and
the time limit as regards the tenant's claims for improvements was
abolished, the basis for compensation for all improvements recognized
by the Act being laid down as 'the value of the improvement to an
incoming tenant'. Improvements for which compensation could be claimed
were again divided into three classes as before, but the drainage of
land was placed in the second class instead of the first, and so only
required notice to the landlord. This was the only improvement in the
second class; the other improvements which had been in the second
class in the Act of 1875 were now placed in the third, where no
consent or notice was required.
The Act also effected three other important alterations in the law;
first, as to 'Notices to Quit', a year's notice being necessary where
half a year's notice had been sufficient, though this section might be
excluded by agreement; secondly, after January 1, 1885, the landlord
could only distrain for one year's rent instead of six years as
formerly; and thirdly, as to fixtures. These formerly became the
property of the landlord on the determination of the tenancy, but by
14 & 15 Vict. c. 25 an agricultural tenant was enabled to remove
fixtures put up by him with the consent of his landlord for
agricultural purposes. Now all fixtures erected after the commencement
of the Act were the property of and removable by the tenant, but the
landlord might elect to purchase them.
This Act was amended by the Act of 1900 (63 & 64 Vict. 50), and has
been much altered by the Agricultural Holdings Act of 1906 (6 Edw.
VII, c. 56), which has treated the landlord with a degree of severity,
which considering the excellent relations that have for the most part
existed between English landlords and tenants for generations, is
utterly unwarranted. In several respects indeed he has been treated by
the Act as if the land did not belong to him, while freedom of
contract, until recent years one of the most cherished principles of
our law, is arbitrarily interfered with. The chief alterations made by
the Act of 1906 were:--
1. _Improvements._--By the Act of 1883, in the valuation for
improvements under the first schedule, such part of the improvement as
is justly due to the
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