Landlord and Tenant Act 1730

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Landlord and Tenant Act 1730 [a]
Coat of Arms of Great Britain (1714-1801).svg
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 [b]
Dates
Royal assent 7 May 1731
Commencement 24 June 1731 [c]
Other legislation
Amended by
Status: Amended
Text of statute as originally enacted
Revised text of statute as amended
Text of the Landlord and Tenant Act 1730 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

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.

Contents

The short title of the act is sometimes abbreviated to LTA 1730.

It has been held that this act and the Distress for Rent Act 1737 (11 Geo. 2. c. 19) are to be read as one. [1]

Sections 1 to 5 and 7 of the Irish act 11 Anne c. 2 (I) (1712), [2] sometimes called the Distress for Rent (Ireland) Act 1712 or the Distress for Rent Act (Ireland) 1712 [3] corresponded to sections 1 to 5 of the Landlord and Tenant Act 1730. [4]

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In this section, the words from "whereunto the defendant" to the end were repealed by section 1 of, and the first schedule to, the Statute Law Revision Act 1948 (11 & 12 Geo. 6. c. 62).

Sections 2 to 4

These sections were repealed by section 1 of, and the schedule to, the Statute Law Revision Act 1867 (30 & 31 Vict. c. 59), [5] because they had been virtually repealed by sections 210 to 212 of the Common Law Procedure Act 1852 (15 & 16 Vict. c. 76). [6]

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This section was repealed by sections 86 and 146 of, and paragraph 3 of schedule 14 to, and part 4 of schedule 23 to, the Tribunals, Courts and Enforcement Act 2007.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 (I) corresponded to this section. [7]

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This section was repealed by section 207 of, and the seventh schedule to the Law of Property Act 1925 (15 & 16 Geo. 5.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.

Notes

  1. The citation of this act by this short title was authorised by section 1 of, and the first schedule to, the Short Titles Act 1896. Due to the repeal of those provisions it is now authorised by section 19(2) of the Interpretation Act 1978.
  2. Section 7.
  3. Section 1.

References

  1. 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.
  2. For date, see Halsbury's Statutes of England, 2nd Ed, 1950, vol 20, p cv
  3. 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 (I) in LRC CP 34 – 2004 is a misprint. The session 9 Anne is dated 1709 or 1710.
  4. Hudson, The Statute Law of Ireland and England, respecting . . . Landlord and Tenant, 1829, p xlii.
  5. Public General Statutes
  6. Statute Law Revision Bill 1867, p 138
  7. 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.