Download or read book Woodfall's Law of Landlord and Tenant, Vol. 2 (Classic Reprint) written by J. M. Lely and published by . This book was released on 2015-07-06 with total page 550 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from Woodfall's Law of Landlord and Tenant, Vol. 2 We have now fully considered the landlord's peculiar remedy to recover rent by distress; but rent, like other debts, can be recovered by ordinary process of law, if the landlord prefer that to a distress. Formerly the process was distinguished according as it was based upon covenant or simple contract, express or implied, but these distinctions, weakened by the Common Law Procedure Acts, have (as technicalities) ceased to exist since the Judicature Acts have come into operation. It will, however, be convenient to maintain the distinctions (as regards terminology), as the terms may still be popularly used, and also because they are necessary to some extent when considering who are the persons who can sue and be sued, and how the right of action is affected by the Statute of Limitations. Rent, then, may be recovered by proceedings based on - (1) Some express covenant in the instrument of demise, if under seal; (2) Some express agreement contained in an instrument not under seal, or made by parol only; (3) An agreement which the law will imply from the conduct of the parties. Sect. 1. - Recovery of Rent on the Covenant to pay it. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.