The Principal Laws of England, Treatise · Part 3 – Part 4
❧ Tenaunte for terme of yeares.
TEnaunte for terme of yeres, is he to whome landes or tenementes be dimised and lessed for the terme of certayne yeres, as is agreed bitwene the landlorde & the tenaunt. And when the lessee I meane him to whom such lease is made doth entre by force of the sayd lees, and is in actuall possession of the same: than he is called tenaunt for terme of yeres.
And here ye shall note, that if the lessour that made the lees hath reserued vntounto him a yerely rent vponupon the sayd lees (as it is accustomably vsed to be done) yf the rent be behynd vnpayde, it shalbe in his free libertie & election either to entre and distrayne for the rent, or to brynge an action of dette againste him at the law for the arreragies of the same. But in this case it is requyred, that the lessoure were seased of y• landes or tenemētes at the time of the makīg of the lease, for otherwise it shall be a good plee in the action of dette for the tenaunt to saye, that the lessour had nothinge in the lande or tenement at the time of the lease made: excepte the leas… were made by dede indēted, for than the plee shall not lye in the mouthe of the tenaunte or lessee to plede.
And it is to be knowne that in a lease for terme of yeares, by dede or without dede, there nede no lyuerye of seasone to be made to the lesse, but he may entre when he wyl by vertue of his lease, wythout any further ceremonye of lawe.
Note also, that yf a man lesseth landes for terme of yeares, thoughe the lessoure chaunceth to dye before the lessee doth entre, yet the maye entre well ynoughe. Otherwyse it is where as lyuerye of seasone is to be made: as in free holdes, and in inheritaunces.
Also yf the tenaūt for yeres doth waste, the landlorde maye brynge an action of waste agaynste hym, and shall recouer the place wasted, and his treble damages.
Tenaunte at wyll.
TEnaunte at wyl, is he to whom landes or tenementes be lessed to hauehave & holde the same at the wyll of the lessoure. And in this case the lessoure may put out his tenaunte at what tyme hym lysteth. But yet neuertheles, if the tenaunte hauehave sowed the groundes with corne, in thys case if the lessoure wyl entre and put out his tenaunte before haruest, the lawe wyll gyue hym free commynge and going to repe and cary his corne awaye wythout any punyshment or dammage to be susteyned for his sodoynge bicause he knew not at what time the lessoure wolde entre. But otherwise it is of the tenaunt for certeine yeres, for if he soweth y• ground and the terme of hys lease be come out and expired before the corne be type, in thys case that lessoure or he in the reuersion maye entre and take the corne, bycause it was the folye of the tenaunte to sowe the grounde, knowynge the ende of his terme.
In lyke wyse tenaunte at wyll shall hauehave free commyng and going after the time of the lessoures entree, to carye awaye hys housholde stuffe and goodes for a reasonable space.
❧ Ye shal also vnderstande, that he that maketh a lease at wyll, maye reserue an annuell or yearely rente, in whiche case if the rent be behynde, he may entre very well and distreyn the goodes and catells of the tenaunte, or at his election bryng an action of dette agaynst him.
Also it is to be knowne that tenaunt at wyl of a mese or tenemente is not bound by the order of lawe to susteyne and repaire the houses that be ruynouse, as is the tenaunte for yeares, and therfore none action of waste lyeth agaynst him. Yet if he do wylful waste: as if he plucketh down the houses, or cuttethe downe the trees: it hath bene thought by the sages of the lawe that the lessoure may brynge an action of trespace against hym and recouer hys losses therby susteyned.