Landlord and Tenant Act 1730

The Landlord and Tenant Act 1730^[1]
	Parliament of Great Britain
Long title	An Act for the more effectual preventing Frauds committed by Tenants, and for the more easy Recovery of Rents, and Renewal of Leases.
Citation	4 Geo 2 c 28
Territorial extent	England and Wales
Status: Amended
Revised text of statute as amended

Last updated March 16, 2023

The Landlord and Tenant Act 1730 (4 Geo 2 c 28) is an Act of the Parliament of Great Britain that regulates certain aspects of the relationship between tenants and their landlords.

Section 1

In this section, the words from "whereunto the defendant" to the end were repealed by section 1 of, and the First Schedule to, the Statute Law Revision Act 1948.

Sections 2 to 4

These sections were repealed by section 1 of, and the Schedule to, the Statute Law Revision Act 1867,^[7] because they had been virtually repealed by sections 210 to 212 of the Common Law Procedure Act 1852 (15 & 16 Vict c 76).^[8]

Section 5

This section was repealed by sections 86 and 146 of, and paragraph 3 of Schedule 14 to, and Part 4 of Schedule 23 to, the Tribunals, Courts and Enforcement Act 2007.

Section 7 of the Act 11 Anne c 2 (Ir) corresponded to this section.^[9]

Section 6

This section was repealed by section 207 of, and the Seventh Schedule to the Law of Property Act 1925 (15 & 16 Geo 5 c 20).

Section 7

This section provides that the Act does not extend to Scotland.

Related Research Articles

Replevin or claim and delivery is a legal remedy, which enables a person to recover personal property taken wrongfully or unlawfully, and to obtain compensation for resulting losses.

The Tithe Act 1836, sometimes called the Tithe Commutation Act 1836, is an Act of the Parliament of the United Kingdom. It is one of the Tithe Acts 1836 to 1891. It replaced the ancient system of payment of tithes in kind with monetary payments. It is especially noted for the tithe maps which were needed for the valuation process required by the Act. British Parliamentary Paper 1837 XLI 405 was published to give guidance on how landscape features were to be indicated on the maps. It is entitled ′Conventional signs to be used in the plans made under the Act for the Commutation of Tithes in England and Wales′

The Short Titles Act 1892 is an Act of the Parliament of the United Kingdom. It authorised the citation of earlier Acts by short titles and collective titles. It is replaced by the Short Titles Act 1896.

The Metropolis Gas Act 1860 was an Act of the Parliament of the United Kingdom. The Bill for this Act was the Gas (Metropolis) Bill. The Metropolis Gas Act 1860 regulated the operation of gas supply companies in London.

The Statute of Frauds Amendment Act 1828, commonly known as Lord Tenterden's Act, was an Act of the Parliament of the United Kingdom. Lord Tenterden served as Lord Chief Justice of the King's Bench between 1818 and 1832. Its purpose was for "rendering a written Memorandum necessary to the Validity of certain Promises and Engagements".

The Criminal Justice Administration Act 1851 is an Act of the Parliament of the United Kingdom.

The Forgery Act 1830 was an Act of the Parliament of the United Kingdom. It consolidated into one Act all legislation imposing the death penalty for forgery. Two years later the death penalty was abolished for most of these offences, and for the remaining offences in 1837.

The Trials for Felony Act 1836 was an Act of the Parliament of the United Kingdom.

The Statute Law Revision Act 1893 is an Act of the Parliament of the United Kingdom. Cotton said this Act is the twenty-second Statute Law Revision Act.

The Statute Law Revision Act 1874 is an Act of the Parliament of the United Kingdom. The Bill for this Act was the Statute Law Revision Bill.

The Statute Law Revision Act 1875 is an Act of the Parliament of the United Kingdom. The Bill for this Act was the Statute Law Revision Bill.

The Statute Law Revision and Civil Procedure Act 1881 is an Act of the Parliament of the United Kingdom. The Bill for this Act was the Statute Law Revision and Civil Procedure Bill.

The Statute Law Revision and Civil Procedure Act 1883 is an Act of the Parliament of the United Kingdom. The Bill for this Act was the Statute Law Revision and Civil Procedure Bill.

The Statute Law Revision Act 1892 is an Act of the Parliament of the United Kingdom. The Bill for this Act was the Statute Law Revision Bill 1892.

The Palatine Court of Durham Act 1889 was an Act of the Parliament of the United Kingdom. It was one of the Durham County Palatine Acts 1836 to 1889. The Bill for this Act was the Palatine Court of Durham Bill. Lely said that this Act was of practical utility.

The Civil Procedure Acts Repeal Act 1879 is an Act of the Parliament of the United Kingdom. It is a public general Act. The Bill for this Act was the Civil Procedure Acts Repeal Bill.

The Limitation Act 1623, sometimes called the Statute of Limitations 1623, was an Act of the Parliament of England.

The Criminal Procedure Act 1851 is an Act of the Parliament of the United Kingdom. It was drafted by Charles Sprengel Greaves. Stephen said that compared to earlier legislation on defects in indictments, the Criminal Procedure Act 1851 "went further in the way of removing technicalities, but it did so by an enumeration of them, so technical and minute, that no one could possibly understand it who had not first acquainted himself with all the technicalities which it was meant to abolish."

The Metropolitan Police (Receiver) Act 1861 or the Metropolitan Police Receiver's Act 1861, sometimes called the Metropolitan Police District Receiver Act, was an Act of the Parliament of the United Kingdom. This Act has, in addition to its other short titles, been given the short title the Metropolitan Police Act 1861, but that short title has also been given to the Act 24 & 25 Vict c 51. The Metropolitan Police (Receiver) Act 1861 is one of the Metropolitan Police Acts 1829 to 1895.

References

R T Hunter. A Guide to the Law of Distress for Rent, Poor Rates, Land Tax, and to the Recovery of Gas Rents, Water Rates, Etc: Also Replevin, Recovery of Possession of Tenements, and Kindred Subjects. 10th Ed. Waterlow and Sons. 1911. pp 45, 46, 223 to 226 and 235.
Joseph Chitty. A Collection of Statutes of Practical Utility. 1st Ed. William Benning. 1829. Vol 1. Part 2. pp 666 to 668.
Welsby and Beavan. Chitty's Collection of Statutes. 2nd Ed. 1851. Vol 2. pp 776 to 780.
Welsby and Beavan. Chitty's Collection of Statutes. 3rd Ed. 1865. Vol 2. pp 1109 to 1115.
Lely. Chitty's Collection of Statutes of Practical Utility. 4th Ed. 1880. Vol 3. pp 1275 to 1278.
Lely. The Statutes of Practical Utility. (Chitty's Statutes). 5th Ed. 1895. Vol 6. Title "Landlord and Tenant". pp 20 to 23. See also pp 58 to 60.
William Hanbury Aggs. "The Landlord and Tenant Act, 1730". Chitty's Statutes of Practical Utility. 6th Ed. Sweet and Maxwell. 1912.Vol 7. pp 446 to 448.
"The Landlord and Tenant Act, 1730". Halsbury's Statutes of England. (The Complete Statutes of England). Butterworth & Company (Publishers) Limited. 1929. Vol 10. pp 320 to 322. See also preliminary note at p 305.
"The Landlord and Tenant Act 1730". Halsbury's Statutes of England. 3rd Ed. 1970. Vol 18. pp 416 to 418. See also preliminary note at p 389.
Hammond and Granger (eds). A Collection of Statutes connected with the General Administration of the Law. 1836. Vol 4. pp 165 to 169.
Hudson. The Statute Law of Ireland and England, respecting Actions, Suits, and Proceedings, whether in the Superior or Inferior Courts, between Landlord and Tenant. 1829. pp 11, 25, 35, 46, 47, 50, 51, 38, 112, 125, 212 and 216.
Bullen. A Practical Treatise on the Law of Distress for Rent. 1842. pp 15, 29, 32, 49 to 51, 54, 58, 69, 78, 80, 115, 116, 122, 151, 168, 169 and 172.
Oldham and Foster. The Law of Distress. 1886. pp 14, 16, 18, 19, 38, 40, 48, 49, 60, 64, 80, 107, 126, 215 and 253.
Bradby. A Treatise on the Law of Distresses. 1808. London edition page numbers 35, 68, 72, 83, 89, 96, 100, 104 and 114. At p 36 etc in Albany edition.
Sparkes. A New Landlord and Tenant. 2001. pp 299, 602, 618, 648, 796 and 816.
Hill and Redman's Law of Landlord and Tenant. 14th Ed. 1964. pp 360, 407, 444, 528, 615, 617 and passim.
Woodfall's Law of Landlord and Tenant. 14th Ed. 1889. pp 321, 347, 387, 393, 430, 431, 440, 442, 444, 446, 456, 492, 562 and 771.
Coote. A Treatise on the Law of Landlord and Tenant. 1840. pp 28, 128, 175, 207, 367, 385, 404 to 407, 410, 427, 428, 505, 577 to 582, 658.
John William Smith and Frederic Philip Maude. The Law of Landlord and Tenant. 1855. pp 89, 90, 120, 150, 233 and 244.
Claydon. A Treatise on the Law of Landlord and Tenant. pp 142, 146, 147, 161, 167, 168, 203, 222, 226, 228, 348, 349 and 369 to 373.
Fawcett. A Compendium of the Law of Landlord and Tenant. 1871. pp 159, 282 and 302.
Cheshire and Burn's Modern Law of Real Property. 18th Ed. 2011. pp 204, 271, 284, 780 and 786.
Bingham. A Treatise on the Law of Real Property. 1868. pp 376, 381 and 563.
Halsbury's Laws of England. 1st Ed. Butterworth & Co.
- 1909. Vol 8. Title "Copyholds". pp 59 and 459.
- 1910. Vol 11. Title "Distress". pp 120, 125, 127, 131, 152 and 180.
- 1911. Vol 18. Title "Landlord and tenant". pp 406, 465, 536, 545, 552, 554 and 555.
Halsbury's Laws of England. 2nd Ed. 1936. Vol 20. pp 84, 158, 252, 277, 278 and passim.
The Digest. 1992. Vol 31(3). pp 122 to 124, 176, 177 and 260.
Jenks. A Digest of English Civil Law. 1905, 1911, 1912 . pp 83, 627, 634, 737, 739, 764, 973 and 993. 2nd Ed. Butterworth & Co. London. 1921. Volume 1. pp 83, 627, 628, 634, 737, 739, 764, 973 and 993.
Mews. A Digest of the Reported Decisions of the Courts of Common Law, Bankruptcy, Probate, Admiralty, and Divorce, . . . From 1756 to 1883 inclusive. 1884. Vol 3. Cols 456, 457, 461, 840, 857 to 860 and 1051.
Harrison's Analytical Digest. 3rd Ed. 1844. Vol 2. Cols 2451, 2616, 2636, 2637, 2673, 3257, 3606 to 3608, 3618, 3619, 3634, 3649 to 3651 and 5421.
A J Bradbrook, "The Actions for Double Rent and Double Value against Overholding Tenants" (1977 to 1978) 13 University of Western Australia Law Review 420 HeinOnline AustLII

↑ The citation of this Act by this short title was authorised by the Short Titles Act 1896, section 1 and the first schedule. Due to the repeal of those provisions it is now authorised by section 19(2) of the Interpretation Act 1978.
↑ The Landlord and Tenant Act 1730, section 7
↑ Oliver Ashworth Holdings Ltd v Ballard Kent Ltd [2000] 2 Ch 12; [1999] 3 WLR 57; [1999] 2 All ER 791; [1999] L & TR 400; [1999] NPC 36; [1999] 2 EGLR 23; (1999) 149 NLJ 521; (1999) 96(16) LSG 36; [1999] 19 EG 161, CA. Ingman, The English Legal Process, 13th Ed, 2011, p 149. Zander, The Law-Making Process, 8th Ed, 2020, p 167.
↑ For date, see Halsbury's Statutes of England, 2nd Ed, 1950, vol 20, p cv
↑ Dowling, "New landlords" (2008) 59 Northern Ireland Legal Quarterly 249 at 261, 284 and 285 and footnote 229. Compare Gage v Holmes, p 428. The citation of this Act as 9 Anne c 2 (Ir) in LRC CP 34 – 2004 is a misprint. The session 9 Anne is dated 1709 or 1710.
↑ Hudson, The Statute Law of Ireland and England, respecting . . . Landlord and Tenant, 1829, p xlii.
↑ Public General Statutes
↑ Statute Law Revision Bill 1867, p 138
↑ Hudson, The Statute Law of Ireland and England, respecting . . . Landlord and Tenant, 1829, pp 112 & 113. For further commentary on the said section 7 of 11 Anne c 2 (Ir), see Finlay, A Treatise on the Law of Landlord and Tenant in Ireland, 2nd Ed, 1835, p 613 et seq.

This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.

[1] The citation of this Act by this short title was authorised by the Short Titles Act 1896, section 1 and the first schedule. Due to the repeal of those provisions it is now authorised by section 19(2) of the Interpretation Act 1978.

[2] The Landlord and Tenant Act 1730, section 7

[3] Oliver Ashworth Holdings Ltd v Ballard Kent Ltd [2000] 2 Ch 12; [1999] 3 WLR 57; [1999] 2 All ER 791; [1999] L & TR 400; [1999] NPC 36; [1999] 2 EGLR 23; (1999) 149 NLJ 521; (1999) 96(16) LSG 36; [1999] 19 EG 161, CA. Ingman, The English Legal Process, 13th Ed, 2011, p 149. Zander, The Law-Making Process, 8th Ed, 2020, p 167.

[4] For date, see Halsbury's Statutes of England, 2nd Ed, 1950, vol 20, p cv

[5] Dowling, "New landlords" (2008) 59 Northern Ireland Legal Quarterly 249 at 261, 284 and 285 and footnote 229. Compare Gage v Holmes, p 428. The citation of this Act as 9 Anne c 2 (Ir) in LRC CP 34 – 2004 is a misprint. The session 9 Anne is dated 1709 or 1710.

[6] Hudson, The Statute Law of Ireland and England, respecting . . . Landlord and Tenant, 1829, p xlii.

[7] Public General Statutes

[8] Statute Law Revision Bill 1867, p 138

[9] Hudson, The Statute Law of Ireland and England, respecting . . . Landlord and Tenant, 1829, pp 112 & 113. For further commentary on the said section 7 of 11 Anne c 2 (Ir), see Finlay, A Treatise on the Law of Landlord and Tenant in Ireland, 2nd Ed, 1835, p 613 et seq.

[1]

[2]

[3]

[4]

[5]

[6]

[7]

[8]

[9]