AGREEMENTS FOR LETTING LODGINGS.

WHEN a part of a message or tenement is let to what are another, it is called a lodging or lodgings.(i)

lodgings.

Lodgings may be let in the same manner as How let. lands and tenements; but, in general, they are let either by agreement in writing between the landlord and tenant, or by parol agreement.

nished.

If the lodgings be furnished, it will be proper to where furhave a schedule of the goods they contain affixed to the agreement.

In order to avoid disputes as to the terms, there Terms. should, in all cases, be a written agreement, although a verbal one will be binding if made in the presence of a witness.

quit.

The instrument should specify the amount of Rent, and rent; the time of entry; the length of time re- notice to quired in the notice to quit; and such other particulars as the special circumstances of the case may require.

Lodgings may be taken by the week or month, Periods. or a longer or shorter period, as every tenancy of a definite duration is a term, and of the nature of a term of years, though for a less period than a year.(j)

The custom is, that the time for notice to quit Custom as shall be the same as the time for which the lodgings to notice to were taken, as a week's notice for a week's taking, a month's notice for a month's taking, &c.(k)

quit.

(i) When a house is divided into several apartments, with an outer door When preto each apartment, and no communication with each other, subsists in mises are this case the several apartments are considered in law as distinct houses, divided. but not if the owner lives in the house, for in that case, the untenanted apartments will be considered as parts of his house.

If there be two several tenements originally, and they became inhabited by several families, who make but one avenue for both, and use it promiscuously, the original severalty will be thereby so far recognized, that they continue to be severally rateable to the poor.-Tracy v. Talbot, 6 Mod. 214.

(J) Lit. 67. Doe v. Rosse, 5 Barn. and Ald. 766. See p. 9.

(k) Doe d. Parry v. Hazell, 1 Esp. 94, Doe d. Campbell v. Scott, 6 Bing. 362. Wilson v. Abbott, 3 B. and C. 89.

Payment of

rents.

Necessary

inquiries to

vious to en

There is no distinction in law between lodgers and other tenants, as to the payment of their rents, or turning them out of possession, for they are, in general subject to the same regulations as other

tenants.

It will be advisable for the lodger to inquire if be made by the tenant has paid his rent and taxes, and to take lodgers pre- into consideration the probability of his continuing tering. to do so, as the goods of a lodger are liable for the same;(7) the landlord should, therefore, be required to produce the receipts at the time of entering into the agreement.

When the agreement is

All agreements entered into that are subversive injurious to of public morality, are illegal and void, such as for public mo- prostitution.(m) Therefore, no action can be mainrality. tained to recover for lodgings let to an immodest When action woman, to enable her to consort with the other can or can- sex.(n) But if a woman of easy virtue merely lodge not be main in the house, and receive her visitors elsewhere, an lodgings. action may be maintained for the rent. (o)

tained for

Landlord's

illegal entry

But if the

the lodgings

If a landlord of lodgings enters into, and uses the deprives him rooms whilst his tenant is in possession, he is deof his rent, prived of his right to rent; but if the tenant has tenant has abandoned the possession during his tenancy, the abandoned landlord lighting fires in the rooms, or even using the entry is the fires, will not deprive him of his right to rent.(p) The stat. of An agreement to occupy lodgings at a yearly rent, frauds as to payable in quarterly proportions, (the occupation to yearly rent commence on a future day,) is an agreement reto commence lating to interest in land, within the meaning of the fourth section of the stat. of frauds. (9)

legal.

lodgings at a

in futuro.

(7) See the head "Distress for rent."
(m) 1 Esp. ca. 13.

(n) Walker v. Perkins, 3 Burr. 1568.

So although the landlord did not know at the time of letting the lodgings of the defendant's habits, if he afterwards became acquainted with the fact, and permitted her to remain as a tenant.-Jennings v. Throgmorton, Ryan and Mood, 251. S. P. Girardy v. Richardson, 1 Esp. ca. 13; and see 1 B and P. 340.

(0) Appletree v. Campbell, 2 Carr. and Payne, 347.

(P) Griffith e. Hodges, 1 C. and P. 419; and see Harding v. Creethorn, 1 Esp. 57. Wales e. Atchesou, 3 Bing. 462. S. C. 2 C. and P. 268; and. see also Redbath v. Roberts, 3 Esp. 225.

(g) Inman v. Stamp, 1 Stark. 12.

(1)

Agreement for letting Unfurnished Lodgings.

AGREEMENT made this day of, &c. in the Parties. year of our Lord, 1838, BETWEEN (landlord,) of, &c. of the one part, and tenant of, &c. of the other part.

to let.

year.

how pay

Agreement
at the end of

THE said (landlord) agrees to let, and the said Agreement tenant agrees to take, the apartments following, that is to say, [state the rooms intended to be let,] with Apartments. the conveniences and appurtenances thereunto belonging, being part of a house and premises in which the said (landlord) now resides, situate and being in, &c. TO HAVE AND TO HOLD the same Habendum rooms and apartments for and during the term of, for half a [half a year,] to commence from, &c. at and for the rent or sum of, &c. payable quarterly, by even Rent, and and equal portions; the first quarterly payment to able. be made on, &c. next ensuing the date hereof. And, it is hereby further agreed by and between the said parties, that, at the expiration of the said term of half a year, the said (tenant) may hold, occupy, and enjoy, the said rooms or apartments, from quarter to quarter, for so long a time as the said (landlord) and (tenant) shall and may agree, at the rent of, &c. for each quarter, and, that each party shall be at liberty to determine the tenancy, Liberty for on giving to the other a quarter's notice in writing. quitting in a And, it is also further agreed by and between the notice. said parties hereto, that, when the said tenant shall quit the premises, he shall leave the same in as good state, condition, and repair, as they shall or may be in on his taking possession thereof, (reasonable wear only excepted). In witness, &c.

(2)

Agreement for letting and taking Apartments for one Week, and from thenceforth from Week to Week.

half a year to hold from quarter to

quarter.

quarter's

MEMORANDUM of agreement made this, &c. by Parties.

and BETWEEN (landord) of, &c. of the one part, and (tenant) of, &c. of the other part, in manner following, (that is to say,) the said (landlord) hath Operative agreed to let, and doth let, and, the said tenant hath agreed to take, and doth hereby take, ALL that Apartments. the back room, being on the south side of the first

part.

weekly.

floor of the house now in the occupation of the said (landlord,) situate in, &c. with the conveniences Habendum and appurtenances belonging to the said room: To HOLD the same with their appurtenances, and the sole and uninterrupted use and occupation thereof, unto the said (tenant) his executors, administrators, and assigns, for the term of one week from the date hereof; and, at the expiration of that time, that the said (tenant) may hold the said apartments from week to week, at the same rent as aforesaid, until one week's notice be given by one of the said parties Proviso as to the other: PROVIDED ALWAYS, and it is agreed to notice to between the said parties, that it shall not be neces

quit.

Parties.

sary that such notices shall expire at the same day, time, or month, of the year, as the date of this agreement; but that the said (landlord) or (tenant) or either of them, shall and will accept and take one week's notice at any period, as a sufficient notice for the conclusion of the term created by this agreeAs witness our hands, &c.

ment.

(3.)

Agreement for letting Apartments for one Year.

MEMORANDUM, that it is hereby declared and agreed, by and BETWEEN (landlord) of, &c. and (tenant) of, &c. in manner following, (that is to say,) the said (landlord) hath hereby agreed to let, and hereby doth let, and the said (tenant) hath Apartments, agreed to take, and doth hereby take, ALL that the first and second floor, and back kitchen, with the conveniences and appurtenances thereto belonging, of the house now in the occupation of the said (landlord) situate, &c. together with one cellar adjoining the aforesaid kitchen, and to the said house

belonging; TO HOLD the same with their appurtenances, and the sole and uninterrupted use and occupation thereof, unto the said (tenant), his executors, administrators, and assigns, for the term of twelve months, to commence from the twenty-fifth Period. day of March, now next ensuing, at the net yearly rent of, &c. payable quarterly, on the twenty-fourth day of June, the twenty-ninth day of September, the twenty-fifth day of December, and the twentyfifth day of March thence next ensuing; AND it is Terms of further agreed, by and between the parties hereto, enjoyment. that the said (tenant) may hold and enjoy the said premises hereby let unto him, from quarter to quarter, at the same rent as aforesaid, until three months' notice to quit be given by one of the said parties to the other of them; AND, it is also further To leave agreed between the said parties, that when the said good condi(tenant) shall quit the said premises, hereby de- tion. mised to him, he shall and will leave the same in as good a state and condition as the same now are, reasonable and proper use only excepted. As witness our hands, &c.

(4.)

Agreement for furnished Lodgings.(r)

premises in

MEMORANDUM of an agreement made and entered Parties. into this, &c. BY and BETWEEN (landlord) of, &c. of the one part, and (tenant) of, &c. of the other part, by which the said (landlord) agrees to let to the said (tenant) a room or apartment, up one pair of Apartments. stairs forwards, in his the said (landlord's) house, situate in, &c. ready furnished, together with the use and attendance of his woman servant, in common with the other lodgers, (at such hours and times when he himself can spare her,) and also the use of a cellar, the same to be held at the rent of, &c.

(r) By sec. 45 of 7 and 8th Geo. IV. c. 29, it is enacted, that if any person shall steal any chattels or fixture, let to be used by him or her, in or with any house or lodging, whether the contract shall have been entered into by him or her, every such offender shall be deemed guilty of felony.

D