571 AND TENANT

Page PRELIMINARY NOTE 581 Proceedings by for recovery of possession 581 Relief against forfeiture of leases 582 Distress for rent 582 Leases Act of 1847 582 Agricultural Holdings Act of 1905 582 Fair rents 583 Miscellaneous Enactments 583 AGRICULTURAL HOLDINGS ACT of 1905, 5 Edw. 7 No. 11 1. Short title and commencement of Act 585 2. Interpretation .. 585 3. Restricted application of this Act 586 4. Tenant's right to compensation 586 5. (1) When tenant to give notice of intended improvement 586 (2) Reference .. 586 (3) When landlord may make improvement and charge tenant rent 587 (4) In default tenant may execute improvement 587 6. Agreements, etc. 587 7. Arbitration. Schedule II 587 8. Notice of intended claim 588 9. Rules for ascertaining amount of compensation 588 10. Recovery of compensation 589 11. Landlord who is a trustee 589 12. Compensation to tenants, when mortgagee in possession 589 13. Incoming tenant's claim for compensation reserved 590 14. Change of tenancy not to affect right to compensation 590 15. Right to remove fruit trees not permanently set out in orchard 590 16. Service of notice 590 17. Power of entry 590 18. General saving of rights 590 19. Regulations 591 SCHEDULE I 591 SCHEDULE II-Rules as to Arbitration 591 DISTRESS REPLEVIN AND EJECTMENT ACT of 1867,31 Vic. No. 16 1.-31. [Repealed] EXTENSION OF RIGHT OF DISTRESS AND ACTION 32. Rent in arrear upon a lease for life, etc., expired may be dis trained for after the determination of the lease 595 33. Distress to be within six months after the end of the lease and during the landlords' title and tenants' possession 596 34. Executors of lessors may distrain 596 35. The husband's remedy for rent due in the right and in the life of his wife 596 36. The remedy for a rent the estate whereof dependeth upon another's life being dead .. 596 37. Method of recovering seck rents, etc. 597 38. Tenants holding over after their notice for quitting to to pay double rent .. 597 ApPORTIONMENT 39. All rents annuities and other payments coming due at fixed periods to be apportioned .. 597 Subject to all just deductions 597 Remedies for obtaining the apportioned parts 598 Not to apply in certain cases 598 572 LANDLORD AND TENANT Vol. 9

Page Distress Replevin and Ejectment Act of 1867, etc.-continued RENT CHARGES 40. Release of part of land charged not to be an extinguishment 599

PRIVILEGED PERSONS AND GOODS 41. Processes against any public minister or his servants to be adjudged void 599 42. Visitors and lodgers' goods not to be seized for rent 599

YEAR'S RENT 43. No goods shall be taken in execution, etc., unless the party before removal of the goods, etc., pay the landlord the rent due 600 Provided that it amount to no more than one year's rent 600 The sheriff, etc., to levy the rent as well as the execution money 600 44. Growing crops seized and sold under execution to be liable for accruing rent 601

WARRANT OF DISTRESS COPIES AND INVENTORY 45. No landlord to distrain except personally or by bailiff authorized by written warrant 601 46. Bailiff to procure warrant in duplicate and give one copy to person dis trained on 602 47. Person distraining to forthwith make out and deliver inventory 602

CHARGES OF DISTRESS 48. Charges of distress defined 602 49. Costs of levy 602

DISTRAINABLE GOODS 50. Corn loose, etc., may be detained and sold 603 51. Landlord may distrain stock or cattle on the premises 603 52. Parties impounding cattle to provide food 604 53. Person may enter pounds, etc. 605 54. Tenant to have notice of the place where the distress is lodged 605 Distress of corn, etc., to cease if rent be paid before it be cut 605 55. If any lessee, etc., shall fraudulently carry off goods and the lessor, etc., may within thirty days after seize such goods, etc., and sell the same as if they had been dis trained 605 56. Proviso that such lessor, etc., shall not seize any goods, etc., which shall be bona fide sold before 606 57. Landlord may break open houses 606

SALE 58. Goods dis trained for rent may be sold after the expiration of five days .. 607 Not to apply to corn, grass, hops, etc., growing at time of seizure 607 59. Owner of dis trained goods may direct order of sale 608 60. Distress may be secured and sold on premises 608 Treble damages for pound breach .. 608 61. No appraisement necessary in distress for rent 609

UNLAWFUL DISTRESS 62. Double damages and costs against unlawful distrainer 609 63. Penalty for dis training, etc., contrary to 609 64. Distresses for rent not unlawful, etc., for any irregularity therein 610 LANDLORD AND TENANT 573

Page Distress Replevin and Ejectment Act of 1867, etc.--continued THE PREROGATIVE 65. This Act shall not hinder the Queen, etc., to levy any debts, fines, etc., due to the Crown 610 66. Provisions of last section extended to other distresses 610

REPLEVIN 67. Power to take replevin 611 68. Sheriff to appoint deputies at certain places 611 69. Justices may grant replevin in certain cases 612 70. Sheriff before deliverance of any distress to take sufficient security as herein mentioned 612 71. Actions of replevin to be commenced by writ of summons in such form as the judges shall prescribe 612 72. Forms of precept to replevy and of replevin and bonds 613 73. Fees to be charged 613 74. District courts small debts courts and petty sessions empowered to adjudicate in actions of replevin as to distresses for rent not exceeding five hundred dollars 613 75. As to form of plaint in such actions 613 76. Court may award damages or may order replevin bond to be given up ., 614 77. Court may order goods dis trained on to be sold 614 78.-117. [Repealed]

RELIEF AGAINST FORFEITURES 118. Relief against forfeiture for non-payment of rent. . 614 119. Relief against forfeiture for non-insuring 615 120. Minute of relief granted 615 121. Appeal to the court from order of judge 615 122. Notice of appeal 615 123. Bail 616

LEASES 124. Restriction of effect of to alien 616 125. Restricted operation of partial license 616 126. Apportionment of conditions of re-entry in certain cases 617 127. Restriction in effect of waiver 617 128. Attornment of tenants void 618

DUTY OF TENANT 129. Tenants to give notice of ejectment to landlord 618

EJECTMENT FOR NON-PAYMENT OF RENT 130. Proceedings in ejectment by landlord for non-payment of rent 618 131. Lessee proceeding in equity not to have injunction or relief without payment of rent and costs 619 132. Tenant paying all rent with costs proceedings to cease 620

TENANT HOLDING OVER 133. Ejectment by landlord against tenant holding over after expiration of term or determination of tenancy by notice to quit 620 Rule or summons for the tenant to give bail 621 On rule or summons absolute if tenant shaH not conform judgment to be for the landlord .. 621

LANDLORD AGAINST TENANT 134. On trial of any ejectment between landlord and tenant juries to give damages for mesne profits down to the verdict or to a day specified therein 622 574 LANDLORD AND TENANT Vol. 9

Page Distress Replevin and Ejectment Act of 1867, etc.-continued 135. On trials after bail found judge shall not stay the execution except by consent or on tenant's finding security 622 136. Recognizances to be taken as other recognizances of bail. Actions on them limited 623 137. Saving of former remedies 623

~ORTGAGOR AND ~ORTGAGEE 138. In ejectment by mortgagee the mortgagor's rendering the principal interest and costs in court shall be deemed a full satisfaction and the court may compel the mortgagee to re-convey 623 139. Not to extend to cases where the right of redemption is controverted or the money due not adjusted. Or to prejudice any subsequent mortgage 624

JURISDICTION OF THE COURT 140. Jurisdiction of courts and judges 624 141. [Repealed]

PENALTIES 142. Application of penalties 625

POWERS OF THE COURT 143. General rules may be made by the judges 625 144. Defence by persons not in possession 625

COMMENCEMENT OF SHORT TITLE 145. Commencement of Act. Short title 625 SCHEDULE 626 LANDLORD AND TENANT ACTS, 1948 to 1961 PART I-PRELIMINARY 1. Short title and construction 629 2. Construction of Act .. 629 3. Parts of Act 629 4. Crown, etc., not bound 629 4A. Certain premises excluded from operation of the Act 630 Certain premises excluded from Part HI of the Act 630 Notice to quit .. 630 5. Repeal of 10 Geo. 5 No. 31; 2 Geo. 6 No. 26 630 6. Savings.. 630 7. (1) Meaning of terms 634 (2) Lessee. Lessor 631 (3) Rent 637 (4) [Lessor living in dwelling-house; no presumption that lessee is a lodger] 631 7A. Power to determine fair rents in relation to special premises 642 II-RENT CONTROL DIVN. I-THE COURT 8. (\) Fair Rents Court 643 (2) Constitution of the Court 643 (3) Two or more Courts may sit concurrently at same place 644 (4) The Court to be a Court of Record 644 9. Registrar 644 Inspection of records of Local Authorities 644 10. Rules 644 11. Jurisdiction of the Court 645 12. Appearances before Fair Rents Court 645 LANDLORD AND TENANT 575

Page Landlord and Tenant Acts, 1948 to 1961~ntinued DIVN. II-FAIR RENTS 13. Pegging of rents 646 14. Application to determine rent . . . . 647 When Court may authorise entry and inspection 648 15. Hearing and determination of application .. 649 Power to fix fair rent of premises not let at time of application . . 650 16. Maximum rentals 650 17. Matters to be considered in determining fair rent 651 18. Fair rents of holiday premises 653 19. Period for which fair rent may be fixed 654 20. Date from which determination to operate 654 20A. When Court may determine of its own motion fair rents 654 20B. Variation by registrar of a determination 655 20c. Power to increase rental 655 200. Power further to increase rental 656 21. Effect of fixing fair rent 656 22. Recovery of overpaid rent 658 23. When application may be made for fresh determination .. 659 24. Determination upon variation in arrangement of shared accommodation 660 III-GENERAL 25. Penalty for demanding rent in excess of fair rent fixed 660 26. Record of rents 661 27. Certain payments prohibited 661 28. Supply of particulars as to rent of premises 663 29. Effect on guarantee of fixing rent 663 30. Certificate as to fair rent 664 31. Threats, etc., against lessees prohibited 664 32. Boycotts, etc. .. 664 33. Offence to refuse lease of dwelling-house to applicant with family 665 34. Certain representations, etc., prohibited .. 666 35. Dwelling-house not to be let unless in good repair 666 36. Abolition of distress for rent of dwelling-house 666 37. Intervention by Minister 666 38. Receipts for rent 666 39. [Repealed) PART III-RECOVERY OF POSSESSION 40. Interpretation and application of Part III 666 41. (I) Restriction on eviction ...... 667 (2) [Notice to quit contravening section not to terminate tenancy) ...... 667 (3) [Lessor may take proceedings on expiration of notice to quit] ...... 667 (4) [Service of notice to quit] .. 667 (4A) Substituted service-notice to quit 667 (4B) [Deceased lessee) 667 (5) [Prescribed grounds) ...... 668 Further prescribed grounds-notice to quit 669 (6) [" Lessor" and" lessee "] . . . . 670 (7) [When notice to quit on specified grounds not to be given] ...... 670 42. Period of notice to quit 678 43. Notice to quit not to be given within six months after determination ...... 678 44. Notice to quit where dwelling·house sold .. 679 576 LANDLORD AND TENANT Vol. 9

Page Landlord and Tenant Acts, 1948 to 1961-continued 45. Notice to specify ground 679 46. Notice to quit to terminate lease 679 47. Notice to quit after failure of eviction proceedings 680 48. Courts of competent jurisdiction 680 49. (1) Court to consider hardship 681 (2) [When court shall not refuse to make the order] 681 (3) [When court shall refuse to make the order] 681 (4) [Persons entitled to be heard] 681 50. Power to stay proceedings or orders 685 51. (1) Certain applications to operate as stay of execution 686 (2) [Court may extend period for execution of warrant] 686 (3) [When leave of court required for further application] 686 52. Hearing in chambers ., 686 53. Appeals 687 54. Ejectment orders not enforceable unless made under Act 687 55. Court may order compensation for misrepresentation 688 56. Premises not to be sold or relet in certain cases 688 57. Enforcement of orders 689 58. Acceptance of rent not to waive notice to quit 689 59. Persons not to interfere with use or enjoyment of premises 690 60. Protection of sublessees 690 61. Protection of certain persons in possession of prescribed premises 692 62. Costs not to be allowed 692 62A. Dwelling-house of mentally sick person 693 63. Exclusion of premises let for a short term from operation of this Part " 693 64. Exclusion of certain subdivided premises, etc., from operation of this Part 694 64A. Certificate as to holiday premises 695 PART IV-MISCELLANEOUS 65. to avoid Act 695 66. Expiry date of notice to quit 696 67. Service of notices 696 68. Notice to agents, etc... 697 69. Continued operation of notice 697 70. Offences and penalties 697 71. Court may order refund of amounts overpaid 698 72. Authorised officers 698 72A. Power of rcgistrar, etc., to inspect, etc. 699 73. (1) Regulations 700 (2) Penalties 700 73A. When Court may determine procedure 700 74. Publication of Orders in Council and regulations 700 LANDLORD AND TENANT RULES (1955) r. 1. 701 r. 2. 701 r. 3. 701 r. 4. 701 r. 5. 702 r. 6. 702 r. 7. 702 r. 8. 702 r. 9. 702 r. 10. 702 r.11. 703 LANDLORD AND TENANT 577

Page Landlord and Tenant Rules (1955)-continued r. 12. 703 r. 13. 703 r.U m r. 15. 703 r.l~ 700 r. 17. 704 r.18. 704 r.~ ~ r.m ~ r.21. 705 r.n ~ r.ll m r.U ~ r. 25. 705 r.~ m r.n m r.a m r.~ m r.~ m r. 31. 705 r.n m SCHEDULE-Forms. . 706 LAW OF DISTRESS AND OTHER ACTS AMENDMENT ACT of 1934, 25 Geo. 5 No. 33 1. Short title 731 2. Commencement of Act 731 3. Interpretation .. 731 4. Limitation of distraint 732 5. Procedure in respect of distraint 733 6. (I) Application to court 733 (2) Consideration by court 733 7. Nature of relief 734 8. Court may refuse relief 734 9. (1) Power to owner where hire-purchase goods distrained to notify landlord 734 (2) [Upon delivery of notice] 735 (3) Power to hirer where difference as to amount due under hire-purchase agreement to obtain determination of court .. 735 (4) Where landlord has notice of interest of other persons in goods distrained, such persons to be notified of distress 736 (5) Duty of tenant to notify landlord who has levied distress on hire-purchase goods 736 (6) Definitions 736 10. Illegal distraint 737 11. Construction of Acts 737 12. Contracting-out 737 13. Service of notices, etc. 737 14. Hearing 737 15. (I) Offences 737 (2) Prosecution 737 (3) Proceedings to be heard in a summary way 737 (4) Offence by company 737 16. Saving of civil proceedings .. 738 17. Special cases before commencement of this Act 738 19 578 LANDLORD AND TENANT Vol. 9

Page Law of Distress and other Acts Amendment Act of 1934, etc.-continued 18. Effect of order 738 Costs 738 19. No appeal 738 Saving .. 738 20. Regulations 139 21. Application of Magistrates Courts Act 739 22. Application of "The Supreme Court Act of 1921 " 739 23. Orders in Council 739 24. Rules and regulations may be made on passing of this Act 740 25. Financial Emergency Acts, etc., preserved. . 740 26. [Repealed] 27. Amendment of" The Money Lenders Acts, 1916 to 1933 " 740 LEASES ACT of 1847, 11 Vic. No. 28 [1.] Where the words of column I of the second Schedule employed the to have the same effect as if the words of column II were inserted 742 2. to include all houses, etc. 742 3. Remuneration for deed under Act not to be by length only 143 4. Deed not taking effect by this Act to be valid 143 5. Construction clause 743 6. Schedules, etc.. part of Act 143 FIRST SCHEDULE .. 743 SECOND SCHEDULE 144 LEGAL PROCESS RESTRICTION ACT of 1904, 4 Edw. 7 No. 15 1. Short title 747 2. Sewing machines, type-writing machines, and mangles exempt from distress in certain cases 747 3. Interpretation .. 747 4. Exemption of certain property from execution 747 5. Procedure 748 SUMMARY EJECTMENT ACT of 1867, 31 Vic. No. 27 INTERPRETATION 1. Construction of terms. . 749 JURISDICTION AND PROCEDURE 2. Possession of tenements may be recovered before justices of the peace. . 749 Information to be exhibited and summons issued. . 750 Proceedings at the hearing. On proof of landlord's case adjudication to be in his favor. Costs warrant of possession to issue " 750 Not to be executed on Sunday, Good Friday, or Christmas Day or except between 9 a.m. and 4 p.m. 750 On failure of appearing a proof by or on behalf of landlord adjudication in favor of tenant or occupier 150 Mode of recovering costs 751 3. Where not expressly provided for justices to proceed under 14 Vic. No. 43 754 And provisions therein as to prohibition to apply to proceedings under this Act 754 4. Information, etc., not to be objected to for alleged defects in substance or form but such defects may be amended by the justices 754 SERVICE OF SUMMONS 5. The manner in which summons shall be served 755 Original or duplicate to be served personally or if that not practicable on wife or servant 755 LANDLORD AND TENANT 579

Page Summary Ejectment Act of 1867, etc.---continued Nature of summons to be explained unless such explanation prevented 755 Or if above modes impracticable by posting on the land 755 SUSPENSION OF PROCEEDINGS 6. Power to justice to suspend proceedings on adjudication for fifteen days 755 7. Execution of warrant may be stayed on bond of sureties being given to pay costs of action to recover land, etc., on offer to give such security execution of warrant to be suspended for three days 755 And if during that interval bond be given warrant to be void 756 THE BOND 8. Bond to be approved and certified by justices 756 Mode for parties to bond to obtain relief in case of delay on the part of the landlord or otherwise 756 JUSTICES 9. Protection of justices, constables, etc. 757 LANDLORDS 10. Where landlord's title good not be be deemed a trespasser but be liable by action on the case for any irregularity 757 11. Act not to protect persons who have no legal right. And in such case landlord to be deemed a trespasser. . 757 fORMS 12. Forms. Schedule 758 COMMENCEMENT AND SHORT TITLE 13. Commencement of Act. Short title 758 SCHEDULE-Forms. . 758 REGULATIONS: Landlord and Tenant Acts, 1948 to 1961-Gazette: Jan.-June 1949, p. 724; Jan.-Apr. 1952, p. 617; Jan.-Apr. 1955, p. 1201; Sep.-Dec. 1959, p. 1816. Law of Distress and Other Acts Amendment Act of 1934-Gazette: Jan.-June 1935, pp. 1063-4. RELATED : Action for use and occupation-see Practice Acts, 1867 to 1964, s. 7, title PRACTICE. Chattels real-As to assignment to the assignor and another, see Mercantile Acts, 1867 to 1896, s. 1, title MERCANTILE LAW. Covenants to insure-see Equity Acts, 1867 to 1962, ss. 66, 68, title PRACTICE; R.S.C. (1900), Order 64, rule 1 (8), title SUPREME COURT. Crown Lands-leases-see title LAND, p. 1, ante. Deceased tenant-As to action for rent where life tenant dies, see Common Law Practice Acts, 1867 to 1964, ss. 6, 9, 10, title PRACTICE. Disclaimer of onerous leases on bankruptcy or winding-up-see Bankruptcy Act 1924--1959 (Commonwealth), s. 104; Companies Acts, 1961 to 1964, s. 296, title COMPANIES, Vol. 2, p. 346; Acts, 1861 to 1963, s. 55, title REAL PROPERTY. Distress- Goods which may not be dis trained upon: see Gas Act of 1965, No. 68, s. 33, Vol. 1965, p. 925; Electric Light and Power Acts, 1896 to 1965, s. 45, title ELECTRICITY, Vol. 5, p. 100; Liquor Acts, 1912 to 1965, s. 94, title LIQUOR. Circumstances in which distress is forbidden: see Bankruptcy Act 1924--1960 (Commonwealth), s. 88 (distress against a tenant after sequestration of his estate); Companies Acts, 1961 to 1964, ss. 228, 263, title COMPANIES, Vol. 2, pp. 269, 314 (distress against a company after commencement of winding-up). 580 LANDLORD AND TENANT Vol. 9

Insurance not under -As to lessor's right to benefit, see Equity Acts, 1867 to 1960, ss. 66, 68, title PRACTICE. Land tax-secondary liability of lessee-see Land Tax Acts, 1915 to 1964, s. 22, title LAND TAX, p. 553, ante. Landlord's priority- Certain rent to be paid in priority to execution creditors: see Magistrates Courts Rules, 1960 rules, 245, 246, title MAGISTRATES COURTS; Bankruptcy Act, 1924-1960 (Commonwealth), s. 84 (1) (i); Companies Acts, 1961 to 1964, s. 291, title COMPANIES, Vol. 2, p. 333. Rights on enforcement of a floating charge: Companies Acts, 1961 to 1964, s. 196, title COMPANIES, Vol. 2, p. 240. Leases of land under Real Property Acts-see Real Property Acts, 1861 to 1963, ss. 43, 52-55, 61, 62, 65-67 and 70-76; Real Property Act of 1877, ss. 11, 12, 14-16, 18,31,48, title REAL PROPERTY. Leases, priority of-see Registration of Deeds Act of 1843, s. 11, title REAL PROPERTY. Mentally-ill persons-As to leasing of property of the mentally ill, see Mental Health Acts, 1962 to 1964, s. 46, and Third Schedule, Clause 15, title MENTAL HEALTH. Mining purposes-leases-sec Mining Acts, 1898 to 1965, Parts IV, V, s. 157; Coal Mining Acts, 1925 to 1964, Part II; Mining for Coal and Mineral Oil Acts, 1912 to 1941, ss. 7,11,12,13; Petroleum Acts, 1923 to 1962, Parts III, V, VI; Miners' Homestead Leases Acts, 1913 to 1965, title MINING. Mortgagee of land-As to right to distrain on the goods of a tenant of the land, see Real Property Acts, 1861 to 1963, s. 61, title REAL PROPERTY. Replevin-see also Common Law Pleading Act of 1867, ss. 46, 47, title PRACTICE; Magistrates Courts Acts, 1921 to 1964, 55.4 (I) (d), 7 (2) and Magistrates Courts Rules, 1960, rule 41, title MAGISTRATES COURTS. Restriction on leasing by certain farmers-see Farmers' Assistance (Debts Adjustment) Acts, 1935 to 1945, s. 15, title PRIMARY PRODUCE. Settled estates-As to leasing, see Settled Land Act of 1886, ss. 13-20, title SETTLED LAND. Stamp duties on leases-see Stamp Acts, 1894 to 1966, ss. 62-64 and First Schedule, title STAMP DUTIES. Stealing or chattel let with a house-see Criminal Code, s. 398x, title , Vol. 3, p. 411. Trustees and executors-Powers and duties with respect to leases: see Trustees and Executors Acts, 1897 to 1964, ss. 18, 21; Trustees and Incapacitated Persons Act of 1867, title TRUSTEES AND EXECUTORS. Writing required in creation, assignment and surrender of leases­ see Statute of Frauds and Limitations of 1867, ss. 2-4, title FRAUDS, Vol. 6, p. 207.