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 1919
 
 UNIVERSITY 
 
 OF CALIFORNIA 
 
 LOS ANGELES 
 
 SCHOOL OF LAW 
 LIBRARY
 
 — — "I 
 
 INCREASE OF 
 
 RENT AND MORTGAGE 
 
 INTEREST (Restrictions) 
 j ACTS, 1915-1919. 
 
 FIFTH EDITION. 
 
 By THE EDITORS OP "LAW NOTES." 
 
 
 "LAW NOTES" PUBLISHING OFFICES, 
 
 25 A 26, CHANCERY LANE. W.C. 2. 
 
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 TUITION FOR LEGAL EXAMINATIONS. 
 
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 The old-established and well-known Firm of Law Tutors, the 
 success of whose Pupils has for many years been unique, continue 
 to prepare Candidates, Orally or by Post, for all Legal Exami- 
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 Edited by Messrs. GIBSON & WELDON. 
 
 Published at the "Law Noibs" Publishing Offices, 
 25 A 26, CHANCERY LANE, W.C. 
 
 9Um monthly. Annual Subscription, IDs. post free. 
 
 This well-known periodical, now in its Thirty-Eighth year, contains a 
 complete Digest of all reported Cases of importance for the month, 
 New Statutes, Rules and Orders, &c, with explanatory comments, 
 Articles on Legal Subjects and other Topics of Interest to Practi- 
 tioners and Students of the Law, Notes on Legal Examinations, 
 Answers to Correspondents, and much other matter of important)* 
 to those interested in the Law.
 
 INCREASE OF RENT 
 
 AND 
 
 MORTGAGE INTEREST 
 
 (War Restrictions) 
 ACT, 1915, 
 
 AS AMENDED BY 
 
 THE COURTS (EMERGENCY POWERS) ACT. 1917. 
 THE INCREASE OF RENT. &c. (Amendment) ACT. 1918, 
 
 
 
 ank 
 
 THE INCREASE OF RENT, <fcc. (Restrictions) ACT, 1919. 
 
 BY 
 
 THE EDITORS OF "LAW NOTES." 
 
 FIFTH EDITION. 
 
 LAW NOTES" PUBLISHING OFFICE, 
 25 & 26, CHANCER? LANK. W.C 
 
 19'$-.
 
 ii > 
 
 
 CONTENTS. 
 
 PAOH 
 
 Preface iii 
 
 Tarle of Cases iv 
 
 Introduction 1 
 
 History and Object of the Acts 1 
 
 General Principle and Effect of the Acts 2 
 
 Scope of the Acts 3 
 
 Pent and Protection of Tenants 4 
 
 Rights of the Tenant as against a Purchaser of a House .. 6 
 
 Furnished Dwelling-houses 8 
 
 Mortgages 8 
 
 Increase of Bent and Mortgage Interest (War Pestric- 
 
 tions) Act, 1915 11 
 
 Courts (Emergency Powers) Act, 1917 ,33 
 
 Increase of Rent, &c. (Amendment) Act, 1918 36 
 
 Increase of Pent and Mortgage Interest (Restrictions) 
 
 Act, 1919 39 
 
 Rules 51 
 
 INDEX 74
 
 ^ T ( in ) 
 
 fcr* 
 
 r t 
 
 ^ PREFACE 
 
 s 
 
 TO THE FIFTH EDITION. 
 
 We wrote in the Preface to the Fourth Edition that 
 in view of the extensive and important alterations 
 effected by the Increase of Rent and Mortgage Interest 
 (Restrictions) Act, 1919, this little work had been 
 largely rewritten, the Introduction recast, and the 
 notes on the older Acts modified, so as to incorporate 
 the alterations introduced by the Act of 1919. 
 
 We stated that an attempt had been made in the 
 notes to anticipate some of the more important 
 difficulties which may be expected to arise in respect 
 of the practical operation of this complicated and 
 not infrequently obscure legislation. 
 
 We have now to add that an unexpectedly large 
 demand has necessitated the printing of a fresh 
 edition, and that advantage has been taken of this to 
 incorporate therein the additional Rules of 1919. 
 We have also noted the few decisions since the date 
 of the last edition, and believe that all reported cases 
 on the Acts to the end of May, 1919, have been 
 embodied. 
 
 EDITORS OF " LAW NOTES." 
 
 June, 1919. 
 
 a 2 
 
 I68fi
 
 iv ) 
 
 ! ABLE OF CASES 
 
 PAOK 
 
 Axtizans ( !o. i ■. Whitaker 20 
 
 Bain r. Fothergill 47 
 
 Bridges v. Chambers 17 
 
 Crook v. Whit bread 19 
 
 Debtor, Re A 10 
 
 Dobson v. Richards 43 
 
 Epsom Grand Stand Association v. Clarke 19, 26 
 
 Flannagan v. Shaw 20 
 
 Harcourt v. Lowe 20 
 
 Hodson, Ex parte 20, 4(i 
 
 Jones v. Woodward 28 
 
 King v. York 12 
 
 London County and Westminster Bank r. Tompkins 21, 28 
 
 Lyon v. Morris 14 
 
 Eees v. Marquis of Bute 18, 33 
 
 Rex ?■. Rogers 20, 46 
 
 Santley v. Wilde 29 
 
 Sim itt v. Austin 26, 
 
 Sharp Brothers and Knight v. Chant 34 
 
 Steel v. Mahoney 15, 16, 17 
 
 Stovin v. Fairbrass 20 
 
 Sutton & Sons v. Hollerton 15 
 
 Vernon Investment Association v. Welch 19. 20 
 
 Walters v. White 21, 23 
 
 Welby v. Parker 21 
 
 W rtley v. Mann 16
 
 INTRODUCTION 
 
 History and Object of the Acts, 
 
 The effect of the war on the Housing Problem is 
 unfortunately too well known to all to need explana- 
 tion. Already in 1915 the stoppage of building and 
 the access of population to munition and other areas 
 had given rise to a process of rent-raising. The Act 
 of 1915 was passed, checking this process as regards 
 the smaller class of property ; and since the landlord's 
 apology for rent-raising was usually that he had been 
 required to pay a higher rate of interest by his 
 mortgagee, the Act also imposed a check on the 
 increase of mortgage interest. Amendments on minor 
 points of the Act of 1915 were made by the Courts 
 (Emergency Powers) Act, 1917, and the Increase of 
 Rent and Mortgage Interest, &c. (Amendment) Act, 
 1918. 
 
 In March, 1919, the position was this. Peace 
 might be expected to "break out" at any time, and 
 six months after that the Act of 1915 was timed to 
 expire. It was recognised that at the end of this six 
 months time would not be ripe for such expiry, and 
 further, the mischief dealt with by the L915 Act in 
 respect of the smaller class of house was now making 
 itsolf felt as to houses of more considerable size. 
 Consequently there was passed the Increase of Ren1 
 and Mortgage Interest (Restrictions) Act, L919, which 
 (1) prolongs the operation of the 1915 Act, with, how-
 
 ever, certain alterations as from its original date of 
 expiry ; (2) brings a further class of house within 
 the Act, making certain modifications of the Act as to 
 this latter kind of house. 
 
 General Principle and Effect of the Acts. 
 
 The general policy of the Acts is : — 4s to the 1915 
 Act houses, landlords must be content with the rent 
 they were getting and mortgagees with the interest 
 they were receiving immediately before the war. 
 Six months, however, after "Peace" as established 
 by Order in Council (see post, p. 39), they are free 
 to demand 10 per cent, more rent and \ per cent, 
 more interest (provided that as so increased the interest 
 still does not exceed 5 per cent.). 
 
 As to the 1919 Act houses, landlords and mortgagees 
 must content themselves with the rent or interest they 
 were getting at Christmas, 1918, plus 10 per cent, on 
 the standard rent (as to rent) or \ per cent, on the 
 standard rate as to interest. It is to be noted that 
 as to this class of house the increased percentage 
 is not dependent on the lapse of six months from 
 " Peace," and (as to mortgage interest) is not subject 
 to any 5 per cent, limit. If, however, an increase 
 took place after August 3rd, 1914, and before 
 December 26th, 1918, the position is rather more 
 complicated (see post, p. 44). 
 
 Before dealing with the Acts more in detail, 
 there is one thing desirable to make clear at the 
 outset. To talk of the landlord "raising the rent" 
 (or the mortgagee "raising the interest") is to
 
 employ a convenient phrase. But it is a phrase that 
 
 may mislead unless it is carefully understood that 
 
 while the Acts restrict the possibility of an increase in 
 
 rent or interest, they give the landlord (or mortgagee) 
 
 no power of increase he does not possess apart from the 
 
 Acts. Apart altogether from the Acts a landlord cannot 
 
 increase the rent by simply giving notice to the tenant 
 
 that the rent is increased. The tenant will not be liable 
 
 unless he agrees to pay a higher rent (in virtue of the 
 
 Acts not always even then), though in some cases it may 
 
 be possible to infer such an agreement if after notice the 
 
 tenant stays on and pays the higher rent without demur. 
 
 But if the tenant has not assented to the increase, the 
 
 landlord's notice that the rent is raised is not legally 
 
 effective. All that the landlord can do (and the Acts 
 
 will in many cases now prevent even this) is to bring 
 
 pressure to bear on the tenant by giving him proper 
 
 notice to quit. 
 
 Similarly the mortgagee, quite apart from the Acts, 
 
 cannot raise the mortgage rate of interest without the 
 
 consent of the mortgagor. All he can do (and again 
 
 the Acts restrict his powers as to even this) is to bring 
 
 pressure to bear by calling in his mortgage. It is 
 
 very important in construing the Act to have in mind 
 
 throughout this fundamental legal position, and to 
 
 remember that in no case can the landlord raise the 
 
 rent, or the mortgagee the interest, simply by his 
 
 own action. 
 
 Scope of the A cts. 
 
 The Acts extend to England, Scotland, and Ireland, 
 and apply to the houses specified in sect. 2, sub-sect. 2
 
 of the principal Act (post, p. 25), and sect. 4 of the 
 Act of 1919 (post, p. 42), which houses we shall, for 
 the sake of convenience, refer to as "small dwelling- 
 houses." It will, however, be noticed that what we 
 propose to term "small dwelling-houses" may consist, 
 e.g., of a single room if let separately or of a flat, 
 while on the other hand, since the 1919 Act, it may 
 be a house of considerable size. And since in some 
 respects there is a difference in the position of houses 
 included originally by the principal Act and houses 
 for the first time brought within the scope of the Acts 
 by the Act of 1919, we shall distinguish these 
 different classes of houses by the terms "1915 Act 
 house" and " 1919 Act house." 
 
 Rent and Protection of Truant* 
 
 " 1915 Act small dwelling-houses." — A standard rent 
 is taken, i.e., the rent on August 3rd, 1914, or if the 
 property was not then let the last rent it was let at 
 before. As to new houses never let till after August 
 3rd, 1914, the standard rent is the rent it is first let at. 
 Where the rent is "progressive" the maximum rent 
 is the standard rent (sect. 7, Act of 1919). Till six 
 months after peace the landlord cannot (apart from a 
 few exceptions) raise the rent above the standard rate, 
 any agreement by the tenant since the war to pay a 
 higher rate being ineffectual as from 25th November, 
 1915. This will be so even though there has been a 
 change of tenants — the landlord cannot increase the 
 rent even on letting to a new tenant. 
 
 Six months after "Peace" these restrictions still
 
 •continue till Lady Day, 1921, except that from the 
 end of the six months it will be possible (sect. 2, Act 
 •of 1919), subject to certain conditions as to notice, to 
 increase the rent by 10 per cent, of the standard rent. 
 "1919 Act small dwelling-houses.''' — With regard to 
 these where rent is increased after 25th December, 
 
 1918, the increase is ineffectual as from 4th March, 
 
 1919, if and so far as it exceeds 10 per cent, on the 
 standard rent, but within this limit rent is increase- 
 able even before the expiration of six months from 
 " Peace.'' Any increase (whatever the amount) made 
 before 26th December, 1918, is valid. 
 
 As to this class of house, if the rateable value at 
 August 3rd, 1914, exceeds the rent at that date, the 
 rateable value and not the rent will give the figure of 
 the standard rent (sect, 4, sub-sect. 1 (v), Act of 1919). 
 
 .45 to both " 1915 and 1919 Act small dwelling- 
 houses" — As to both classes of house rent is increase- 
 able in certain cases : — 
 
 (1) Under sect. 1, sub-sect. 1 (ii) of the principal 
 
 Act (6 per cent, on the cost of post-war 
 improvements by the landlord). 
 
 (2) Under sect, 1, sub-sect. 1 (iv) of the principal 
 
 Act (amount of increased rates). 
 
 (3) Where the rent at August 3rd, 1914, was less 
 
 than two-thirds of the rateable value (i.e., the 
 Act does not apply to ground rents (sect. 2, 
 sub-sect. 6 of the principal Act) ). 
 
 (4) Where the rent is kv progressive " (sect. 7 of the 
 
 1919 Act). 
 Certain methods of evasion are foreseen and 
 guarded against. Thus, if the landlord flings any
 
 burden previously borne by himself on the tenant,. 
 e.(/., if tlit- landlord without raising the amount of the 
 rem requires the tenant to do repairs formerly done 
 by the landlord, this counts as an increase of rent 
 (principal Act, sect. 1, sub-sect. 1 (iii.) ). Nor can 
 the landlord refuse to let or refuse to continue a tenancy 
 unless he is paid something cash down — the tenant 
 will be able to get back anything paid in this way 
 aft.r the 25th November, 1915 (or after March 4th as 
 to "1919 Act houses"), by suing for it or de- 
 ducting- from his rent (principal Act. sect. 1, sub- 
 sect. 2); but this does not prevent a lessor from 
 taking a fine or premium on granting a lease for 
 twenty-one years or more (Courts (Emergency Powers) 
 Act, 1917, s. 4). Nor can the landlord bring pressure 
 to bear by threatening to give notice to quit, for, apart 
 from exceptional cases, he will not be able to turn the 
 tenant out as long as he pays the rent as hxed by the 
 Act (sect. 1, sub-sect. 3). A tenant can demand from 
 the landlord a statement as to the standard rent, and 
 failure to furnish the statement is a summary offence 
 (Act of 1919, sect. 5, sub-sect. 1). 
 
 Hights of the Tenant as against a Purchaser of a House. 
 
 One of the exceptional cases in which a landlord 
 can obtain an ejectment order, in spite of the fact 
 that the tenant pays the standard rent and per- 
 forms the other conditions of his tenancy, is that the 
 premises are reasonably required by the landlord for 
 the occupation of himself or souk; other person in his 
 employ, or in the employ of some tenant from him. 
 This exception was inserted in the, Act mainly with
 
 the idea of enabling a landlord of an agricultural 
 estate to cultivate it properly. To do so it is often 
 necessary for him to obtain possession of certain 
 cottages to house his labourers. But the exception 
 was taken advantage of by landlords of an entirely 
 different character. Tenants were threatened with 
 eviction by landlords who had bought the house over 
 their heads for the purpose of occupying it themselves. 
 In consequence the amending Act of 1918 was passed, 
 whereby any person who bought the house since the 
 30th September, 1917, was put in an inferior position 
 to the vendor as to getting an ejectment order with a 
 view to occupation by himself. The Act of 1918 was 
 further amended by sect. 5, sub-sect. 2, of the Act of 
 1919. The result of this combined legislation is that 
 a purchaser of a small dwelling-house, if he bought the 
 house after the 30th September, 1917, cannot eject 
 the tenant so long as he pays the standard rent and 
 performs the other conditions of the tenancy, except 
 on the grounds of waste, or nuisance, or annoyance to 
 neighbours, or some other ground winch appears 
 satisfactory to the Court, or where the Court is 
 satisfied by a certificate of the lioard of Agriculture 
 and Fisheries that the premises are required for the 
 occupation of a person engaged or employed in agri- 
 cultural work of urgent national importance, or where 
 the purchaser wants the house for occupation by him- 
 self or his employee or his tenant's employer, and the 
 Court, after considering all the circumstances, includ- 
 ing especially alternative accommodation available for 
 the tenant, thinks it reasonable to make the order 
 {post, pp. 18, 36, 37, 38 and 46).
 
 Furnished Dwelling-houses. 
 
 The general provisions of the Acts have no applica- 
 tion to the letting of furnished dwelling-houses. Thus, 
 the restrictions on the landlord's power of ejectment 
 have no application, so that no additional security of 
 tenure is given the tenant of a furnished house, nor 
 does the Act affect a mortgage of such a house. But 
 sect. 6 of the 1919 Act makes certain provisions as to 
 the rents in respect of furnished dwelling-houses, pro- 
 viding that, while the tenancy continues, rent showing 
 more than 25 per cent, increase (not on the rent, but) 
 on the " profits " as compared with the ic normal 
 profit " from a similar letting in the year ending 
 3rd August, 1914, may be declared irrecoverable by 
 the County Court. This however is only so where 
 the rent or rateable value of the house would bring it 
 within the Acts if unfurnished. 
 
 The Acts have no application of any sort to lodgers. 
 
 Mortgages. 
 The Acts apply to mortgages of " small dwelling- 
 houses," whether the mortgaged propert)^ is wholly or 
 merely partly of that character (sect. 2, sub-sect. 2), 
 except : — 
 
 (1) Mortgages where other property is also included, 
 
 if the rateable value of the small dwelling- 
 house is less than one-tenth the rateable 
 value of the whole of the mortgaged premises 
 (sect. 2, sub-sect. 4). 
 
 (2) Equitable charges by deposit of title-deeds or 
 
 otherwise. 
 
 (3) Mortgages of ground rents (sect. 2, sub-sect. 6.)
 
 As to 1915 Act houses. — The Act fixes a standard 
 rate of interest, viz., the rate payable on August 3rd, 
 1914. or if the mortgage was created since that date 
 the original rate of interest (sect. 2, sub-sect. 1 (b) ), 
 the mortgagee being prevented as from November 
 25th, 1915, from raising the rate of interest above the 
 standard rate, and any agreement by the mortgagor 
 to pay the higher rate being unenforceable (sect. 1, 
 sub-sect. 1). But as from six months after " Peace " 
 (post, p. 39), the interest can be increased (1) pro- 
 vided the increase is not more than half per cent, on 
 the standard rate, and (2) the rate as increased does 
 not exceed five per cent. 
 
 As to 1919 Act houses. — Where the rate of interest 
 is increased at any time after December 25th, 1918, 
 the increase is ineffective as from March 4th, 1919, 
 so far as it exceeds half per cent, on the standard rate. 
 There is, however, no maximum of five per cent, as 
 to this class of house, and the increase is good though 
 it take place before six months after " Peace." 
 
 As to both 1915 and 1919 Act houses. — A mortgagee 
 of " small dwelling-houses" may not, unless the mort- 
 gagor consents, during the continuance of the Act call 
 in his mortgage or foreclose or sell or take other steps 
 to enforce his security or to recover the principal, 
 unless the interest is twenty-one days in arrear or the 
 mortgagor is breaking his covenants or letting the 
 property get into disrepair or not making payments 
 falling due under prior incumbrances (sect. 1, sub- 
 sect. 4). 
 
 But this provision does not apply to mortgages
 
 10 
 
 repayable by instalments spread over not less than 
 ten years. Nor does it prevent a mortgagee from 
 exercising bis power of sale when he was in possession 
 on the 25th November, 1915, or (as to 1919 Act houses) 
 4th March, MUD, or where he does so with the 
 mortgagor's consent, or where the mortgaged property 
 is leasehold and the mortgagee satisfies the County 
 Court that the security is seriously diminishing in 
 value or otherwise in jeopardy and that it is reason- 
 able to call it in. 
 
 And the provision of course does not apply to 
 mortgages outside the Act, e.g., equitable charges 
 by deposit or mortgages of ground rents (sect. 2, 
 sub-sects. 4 and 6). It must be remembered, however, 
 that the Courts (Emergency Powers) Act, 1914, applies 
 to all mortgages created before the 4th August, 1914, 
 and, where the mortgagor is an officer or man in His 
 Majesty's Forces, to mortgages created after that date 
 but before the 11th April, 1916 (Courts (Emergency 
 Powers) (Amendment) Act, 1916, s. 1), or before the 
 mortgagor joined I i is Majesty's Forces, i.e., actually 
 joined up (Courts (Emergency Powers) Act, 1917, s. 8 ; 
 Re A Debtor, 35 T. L. R. 58)), and makes previous 
 application to the Court necessary before the mortgagee 
 exercises many of his remedies.
 
 INCREASE OF RENT AND MORTGAGE INTEREST 
 (WAR RESTRICTIONS) ACT, 1915. 
 
 5 & 6 Geo. 5, c. 97. 
 
 An Act to restrict, in connection with the present War, the 
 Increase of the Rent of Small Dwelling-houses and 
 the Increase of the Hate <f Interest on, and Ihe Calling 
 in of Securities on such Dwelling-houses. 
 
 [23rd December 1915.] 
 
 Tin's Act is to be construed as one with the amend- 
 in": Acts of 1918 and 1919. For the meaning of the 
 expressions "small dwelling-house," u 19lo Act 
 houses," " 1919 Act. houses," and ''termination of the 
 war," used in the notes, see pp. 4 and .'-59. As to the 
 general interpretation of the Acts, see pp. 2 and 3. 
 
 1. Restriction on raising rent or rale of mortgage in- 
 terest. — (1) Where the rent of a dwelling-house to 
 which this Act applies, or the rate of interest on a 
 mortgage to which this Act applies, lias been, since 
 the commencement of the present war, or is hereafter 
 during tlie continuance of this Act, increased above 
 the standard rent or the standard rate of interest as 
 herein-after defined, the amount by which the rent or 
 interest payable exceeds the amount which would have 
 been payable had the increase not been made shall, 
 notwithstanding any agreement to the contrary, be 
 irrecoverable : 
 
 As explained above {ante, p. 3), the rent or inferest can, 
 strictly speaking, only bo increased by agreement. It must bo
 
 12 
 
 noticed that this clause only applies to " 1915 Act houses," 
 though the ivst of the section applies equally to " 1919 Act 
 houses.'" In its application to 1919 Act houses this section is 
 to br read with the clause given in sect. 4 of the Act of 1919 
 substituted for the above clause. The clause in this section 
 (as to " 1915 Act houses ") avoids an agreement as to increased 
 rent or interest accruing due on or after November 25th, 1915, 
 subject to sects. 1, 2 and 3 of the Act of 1919. 
 
 Illustrations. — (a) On November 1st, 1917, the landlord gave 
 notice to the tenant of a. " 1915 Act house " that the rent was 
 raised. The tenant refused to assent. Thetenant never became 
 liable lei' the increase. 1 1' I he landlord distrains for the increase 
 ho is liable in damages for an illegal distre>>. 
 
 (b) In the last case, six months after "termination of the 
 war," the tenant agrees to an increase of 10 per cent, on the 
 rent. This agreemenl is binding in virtue of and subject to. 
 the conditions imposed by sect. 2 of the Act of 1919. 
 
 Mutatis mutandis the above examples are true of an agree- 
 menl b\ a mortgagor to pay increased interest, and as to (b) the 
 limit of increase being | per cent, with a maximum of 5 per 
 cent. (sect. 3, Act of 1919). 
 
 The clause applies to new tenants as to old; the landlord 
 cannot raise the rent even on re-letting. The standard rent 
 is fixed for (lie house, not the particular tenant {King v. York, 
 L919 W. N. 59). 
 
 As t<> " dwelling-house " see post, p. 25, and as to " standard 
 rent " and "standard rate of interest," post, p. 23. As to the 
 right of a tenant or mortgagor to recover overpaid rent or in- 
 terest, see sect. 5 of the Courts ( Emergency Powers) Act, 1917, 
 post. p. ■'>■'>. 
 
 Provided that — 
 
 (i) This subsection shall not apply to any rent oi 
 mortgage interest which accrued due before 
 the twenty-fifth day of November nineteen 
 hundred and fifteen ; and 
 
 Tin- applies to both " 1915 and 1919 Act houses," with the 
 substituted date of 4th March, 1919. as to 1919 Act houses 
 
 -eel. 4 (ii), Aft Of 1919). 
 
 (ii) Where the landlord has since the commence- 
 ment of the present war incurred, or 
 during the continuance of this Act incurs.
 
 13 
 
 expenditure on the improvement or struc- 
 tural alteration of a dwelling-house (not 
 including expenditure on decoration or 
 repairs), an increase of rent at a rate not 
 exceeding six per cent, per annum on the 
 amount so expended shall not be deemed 
 to be an increase for the purposes of this 
 Act ; and 
 
 It will be observed that no increase is possible in respect of 
 ordinary repairs. For the notice which must be given before 
 any increase, see proviso (vi) to this sub-sect., infra, p. 16. 
 
 The question has been raised, but, so far as we know, not 
 decided, whether street improvements would come within this 
 clause. If the owner of a small dwelling-house " receives a 
 notice requiring him to pave and channel the street fronting, 
 and, on his failing to do the work, the local authority carries it 
 through and apportions the expense on the frontagers in the 
 usual way, has ho incurred expenditure on the improvement of 
 the dwelling-house? It is a point on which opinions may well 
 differ, but we incline to the view that this is not an improvement 
 within the clause. 
 
 So, too. putting the drains in order or putting in new 
 cisterns for old or new waterclosets for old would not appear to 
 be a ground for increasing the rent, but probably come under 
 the head of " repairs." 
 
 (iii) Any transfer to a tenant of any burden or 
 liability previously borne by the landlord 
 shall for the purposes of this Act be treated 
 as an alteration of rent, and where, as the 
 result of such a transfer, the terms on which 
 a dwelling-house is held are on the whole 
 less favourable to the tenant than the 
 previous terms the rent shall be deemed to 
 be increased, whether or not the sum 
 periodically payable by way of rent is 
 increased, and any increase of rent in 
 respect of any transfer to a landlord of any 
 burden or liability previously borne by the 
 tenant where, as the result of such transfer.
 
 14 
 
 the terms on which a dwelling-house is 
 
 held are on the whole more favourable to 
 the tenant than the previous terms shall be 
 deemed not to be an increase of rent for 
 the purposes of this Act, and if any ques- 
 tion arises under this proviso the question 
 shall be determined by the county court, 
 whose decision shall be final and con- 
 clusive ; and 
 
 Illustration. — The landlord of a small dwelling-house in 
 London let it at 34£. per annum, undertaking to do repairs, 
 afterwards making a fresh agreement with the tenant whereby 
 the rent remains the same, hut the tenant undertook repairs. In 
 the view of the county court, the repairs are equivalent to 21. 
 per annum. The rent is deemed to be increased by that amount. 
 Semblc the tenant will bs bound by his undertaking to repair, 
 but is only liable for 321. by way of rent. 
 
 The words "final and conclusive" take away any right of 
 appeal. {Lyon v. Morris, 19 Q. B. D. 139.) 
 
 The application is made to the County Court of the district 
 in which the dwelling-house is situate (Rule 1) by summons 
 in Form I. (Rule 4). 
 
 (iv) Where the landlord pays the rates chargeable 
 on, or which but for the enactments relat- 
 ing to compounding would be chargeable 
 on, the occupier of any dwelling-house, an 
 increase of the rent of the dwelling-house 
 shall not be deemed to be an increase for 
 the purposes of this Act if the amount of 
 the increase does not exceed any increase 
 in the amount for the time being payable 
 by the landlord in respect of such rates 
 over the corresponding amount paid in 
 respect of the yearly, half yearly or other 
 period which included the third day of 
 August nineteen hundred and fourteen, 
 and for the purposes of this proviso the 
 expression "rates" includes water rents 
 and charges ; and
 
 15 
 
 Any actual increase in the rates can be added to the rent not 
 merely where such increase in the rates is caused by an increase 
 in the rate itself, but also where it is caused by an increase in 
 the rateable value of the premises. Thus, in Steel v. Mahoney, 
 (1918) W. N. 253; 34 T. L. R. 327, the pre-war rent was 
 9s. a week. In September, 1915, the landlord raised the rent 
 to 10s. a week. There was a revision of the assessment, and the 
 rates were increased by 4:d. a week above the pre-war rate. It 
 was held by a Divisional Court that the landlord might recover 
 9s. ±d. a week. 
 
 As to the amount of the increase which can be made under 
 this sub-section, reference may usefully be made to W. H. 
 Sutton & Sons v. Hollerton, (1918) W. N. 237. There, the 
 house was in Manchester, where rates are payable for the yearly 
 period June 25 to June 24. The pre-war rent was 8s. 9d. a 
 week. On January 5, 1918, the landlord served a notice in- 
 forming the tenant that his rent would be 9s. 9d. as from 
 February 2, 1918, owing to an increase in rates. From the 
 particulars served with the notice, it appeared that for the year 
 1915 — 1916 the rates showed an increase of 12s. 2d. over 1914 
 —1915; for the year 1916 — 1917 the increase was 2s. 9d., 
 and for 1917—1918 6s. 9d. The landlord added together the 
 total increase for the three years, making 1Z. Is. Sd., and divided 
 that amount by 21 (the number of weeks from February 2, 
 1918, to June 29, 1918), which brought out the sum of Is., 
 which he sought to add to the weekly rent. It was held by the 
 Court of Appeal that this was wrong, for the Act only allows 
 an increase in the rent to be made in respect of the increase 
 in the rates on the current rating p3rioi. In this case the 
 current rating period was the year ending June 24, 1918, the 
 increase in the rates was 6s. 9^., and that must be divided 
 by the number of weeks in the period, viz. 52. The result was 
 the landlord could only increase the rent by about 2d. a week. 
 
 For the notice which must first be given, see proviso (vi) 
 to the sub-sect., infra, p. 16. 
 
 (v) Where the rate of mortgage interest has been 
 increased in compliance with, or in conse- 
 quence of, a notice in writing demanding 
 either repayment of the mortgage or an 
 increased rate of interest given prior to 
 the fourth day of August nineteen hundred 
 and fourteen, such increase shall not be 
 
 b2
 
 16 
 
 deemed to be an increase for the purposes 
 of this Ad ; and 
 
 It will be observed thai provided the notice was given before 
 August 4th, L914, it is immaterial Hud the mortgagor's assent 
 to the increase was given after that date. And further, that if 
 a mortgagor 1ms. in consequence of such notice, agreed to an 
 increased rate per cent., though he remains liable to pay the 
 increased rate of interest, the Acts nevertheless still restrict 
 increase of rent. 
 
 (vi) Wherever an increase of rent is by this Act 
 permitted, no such increase shall be due or 
 recoverable until [or in respect of any 
 period prior to] the expiry of four clear 
 weeks after the landlord lias served upon 
 the tenant a notice in writing of his inten- 
 tion to increase the rent, accompanied— 
 
 (a) where the increase of rent is on ac- 
 count of such expenditure as is mentioned 
 in proviso (ii) to this subsection, by a 
 statement of the improvements or altera- 
 tions effected and of their cost ; and 
 
 The words bracketed, " or in respect of any period prior to," 
 were not in the Act originally, but were inserted by sect. 5, 
 sub-s. 3 of the 1919 Act to meet the possibility suggested by 
 Steel v. Mahoney, (1918) W. N. 253; 34 T. L. R. 327, which 
 is said to have decided that the clause as it originally stood did 
 not prevent the landlord from claiming the increase as from the 
 date of the notice: it only suspendi d the remedy and prevented 
 hi- suing till four weeks had expired. The facts were rather 
 special, and it may be doubted whether the case went as far as 
 was supposed. At any rate, the amending words introduced 
 h\ the Ait of 1919 make the position clear for the future. The 
 r is not only debarred from suing during the four weeks, 
 but even when the four weeks are up cannot claim arrears of 
 increase, so to speak, in respect of the four weeks. The increase 
 cannot for any purpose be treated as starting till the four weeks 
 are up. 
 
 It was held under the principal Act that the notice must be 
 given even if the expenditure was incurred and the rent in- 
 creased before the introduction of the Act (Worll&y v. Mann r
 
 17 
 
 (1916) W. N. 390). The same principle appears to be appli- 
 able to 1919 Act houses. 
 
 (b) where the increase of rent is on ac- 
 count of an increase in rates, by a state- 
 ment showing particulars of the increased 
 amount charged in respect of rates on the 
 dwelling-house ; and 
 
 It was held under the principal Act that the notice must be 
 given even if the rent was increased before the introduction of 
 that Act, and if it has not been given the tenant can recover, 
 or deduct from rent in accordance with sect. 5 of the Courts 
 (Emergency Powers) Act, 1917, any increase paid within the 
 preceding six months Bridges v. Chambers, (1919) W. N. 
 390). This principle seems equally applicable to 1919 Act 
 houses. 
 
 Formal defects in the notice by which the tenant is not in 
 any wa3* damnified are not fatal (Steel v. Mahoney (1918), 
 34 T. L. R. 328). Thus, if the notice states the intention 
 of increasing the rent by 8^. a week, whereas the landlord is 
 only entitled to increase it by 4d., but the actual demand 
 made i6 for id. only, the id. is recoverable (Steel v. Mahoney 
 (1918), 34 T.L.R. 327). 
 
 (c) where such a notice has been served 
 on any tenant the increase may be con- 
 tinued without service of any fresh notice 
 on any subsequent tenant. 
 
 (2) A person shall not in consideration of the grant, 
 renewal, or continuance of a tenancy of any dwelling- 
 house to which this Act applies require the payment of 
 any fine, premium, or other like sum in addition to the 
 rent, and where anv such payment has been made in 
 respect of any such dwelling-house after the twenty- 
 fifth day of November nineteen hundred and fifteen, 
 then the amount shall be recoverable In - the tenant by 
 whom it was made from the landlord, and may with- 
 out prejudice to any other method of recovery be 
 deducted from any rent payable by him to the land- 
 lord, but this provision shall not apply to any pnvment
 
 18 
 
 under an agreement entered into before the fourth day 
 of August nineteen hundred and fourteen. 
 
 In the application of the section to 1919 Act houses, -1th 
 March, L919, is substituted for 25th November, 1915 (sect. 4, 
 
 \r1 of 1919). 
 
 This section is aimed at the institution of '"key money." 
 Where accommodation is scarce the landlord, out of a number 
 of prospective tenants all willing to pay a like rent, selects the 
 one who will pay the Largest sum by way of bonus on taking- 
 possession. In cases where the Act applies an agreement to 
 make such a payment is not enforceable, and any such payment 
 made can be recovered cither by suing the landlord or by deduc- 
 tion from rent. 
 
 The section, however, was found in practice to interfere with 
 the bond fide granting of leases at a premium. In Rees v. 
 Marquis of Bute, (1916) 2 Ch. 64, for instance, a scheme, 
 genuinely designed and adapted for the improvement of the 
 position of the Marquis' tenants, under which they were to 
 receive long Leases at a reduced rent in consideration of a money 
 payment, fell through owing to the impossibility of compelling 
 payment of the premium. This defect was partially remedied 
 by sect . 2 of the Courts (Emergency Powers) (No. 2) Act, 
 1916, which allowed the County Court to authorise the taking 
 of a premium or fine on the granting of a lease for 21 years 
 or more, and now, by sect. 4 of the Courts (Emergency Powers) 
 Act, 1917, post, p. 33, leases for 21 years or upwards are 
 taken out of this section altogether, and the provision of the 
 Act of 1916 repealed, so that the leave of the County Court is 
 no longer required. 
 
 (3) No order for the recovery of possession of a 
 dwelling-house to which this Act applies or for the 
 ejectment of a tenant therefrom shall be made so long 
 us the tenant continues to pay rent at the agreed rate 
 us modified by this Act and performs the other con- 
 ditions of the tenancy, except on the ground that the 
 tenant has committed waste or has been guilty of 
 conduct which is a nuisance or an annoyance to 
 adjoining or neighbouring occupiers, or that the 
 premises are reasonably required by the landlord for 
 the occupation of himself or some other person in his 
 employ, or in the employ of some tenant from him, or 
 on some other ground which may be deemed satisfac-
 
 19 
 
 tory by the court making- such order, and where such 
 order lias been made but not executed before the pass- 
 ing of this Act the court by which the order was made 
 may, if it is of opinion that the order would not have 
 been made if this Act had been in operation at the 
 date of the making of the order, rescind or vary the 
 order in such manner as the court may think fit for 
 the purpose of giving effect to this Act. 
 
 In the application of this sub-section to 1919 Act houses a 
 reference to the date of the passing of the 1919 Act (viz., 
 2nd April, 1919) is substituted for " the passing of this Act." 
 
 Under this sub-section the tenant of a dwelling-house to 
 which the Act, as extended by the Act of 1919, applies, cannot 
 bo turned out so long as he complies with the conditions stated, 
 except on one of the grounds mentioned in the sub-section. In 
 Epsom Grand Stand Association, Limifodw Clarke, 35 T. L. R. 
 525, it was questioned but not decided whether in an action for 
 ejectment the sub-section is a bar to judgment or only to 
 execution . 
 
 It has been questioned whether the section protects a 
 lessee for a fixed term from having to give up possession at the 
 expiration of his lease, since after determination of his lease 
 he i* no longer " a tenant." But even if the house is not " let " 
 it was let, and will still bo within the Act in virtue of 
 sect. 2, sub-sect. 5 of the principal Act. Moreover, a tenant 
 who holds over is not a trespasser: he is a. tenant at sufferance. 
 The sub-section appears to protect, him just as much as it. 
 protects a weekly tenant who receives notice to quit and refuses 
 to give up possession, and this view, advanced by us in previous 
 editions, has been adopted by Mr. Justice Greer in Vernon 
 Investment Association v. Welch (1919), 35 T.L.E. 511. 
 
 The Act. it will he noticed, dues nut prevent the landlord 
 from giving notice to quit; it merely provides thai no order for 
 recovery of possession or for ejectment is to be made, and pie- 
 vents double value from being recovered under the Landlord 
 and Tenant Act, 1730, for the tenant holding over Crook v. 
 Whitbread, 147 L. T. 80. A landlord, therefore, who wishes 
 to obtain possession as soon as possible after the expiration of 
 the Act, can give notice to qui! now without waiting Tor the 
 expiration of the Act. This is a small poinl in the case of 
 weekly tenancies, which can he terminated h\ ;i week's notice, 
 hui of considerable importance as regards tenancies from year 
 in year, which can (inly he terminated by half a year's notice 
 < spiring at the end of one of the years of the tenancy
 
 20 
 
 Where such notice to quil is given, ii is not clear what the 
 effect of subsequent acceptance of rent would be. Usually the 
 acceptance of rent would operate as a waiver of the notice, but 
 wo doubl whether il could be so construed where the landlord 
 has l>> Btatute to Lei the tenant stop on whether he wishes to do 
 -i) or not. If it could be construed as a waiver, the only way 
 (Kit of the difficulty would !"• for the Landlord to refuse the rent 
 and claim it afterwards as mesne profits which is not a reason- 
 able alternative. 
 
 If ii i- intended to apply t<> the Court for possession, it is 
 advisable that the notice to quil should specify the ground on 
 w hich possession is required. 
 
 This section protects the tenant oven though In; himself gave 
 notice to quit, and oven if lie changes liis mind and holds over 
 he will not be liable for double rent under the Distress for Rent 
 Act, L737 FLammgwiv. SJmic, 1!>I!> W. X. L39; Artizans, 
 Labourers <u/tf General Dwellings Co., Limited v. Whitalier, 
 l!)li) W. X. L65). 
 
 " Person in his employ." These words mean a person already 
 jo the employ of the person applying for the ejectment. It 
 is not sufficient ground for making- an ejectment order that 
 the landlord wants the dwelling-house for a. foreman whom 
 he is about to employ Hex \ . Rogers, Ex parte Ilodsmt, fl918) 
 W. N. 128). 
 
 As to mode of application for rescission or variation of orders 
 made but not executed before the Act, see Huh' 20, post, p. 58. 
 
 In deciding whether there is a sat isfactory ground for mating 
 an order for possession the Court must consider the circum- 
 stances existing- when the order is asked for, not those existing 
 when notice to quit was given (Harcourt v. Lowe, 35 T. L. R. 
 255). 
 
 The power of the Court to make an ejectment order on the 
 ground that the premises are reasonably required by the land- 
 lord for the occupation of himself or of some other person in 
 his employ or in the employ of some tenant from him has now 
 been restricted b/j sect. I ofthe Let of 1918, as further amended 
 by the An f L919, s. 5, sub-s. 2 see below, pp. 36,46). 
 
 r l hat the Landlord has given notice for the purpose of selling 
 with vacant possession cannot of itself, since the Act of 1918', 
 he a satisfactory for making the order (Stovin v. Fair- 
 
 brass, 1919 W. X. 68 . See also Vernon Investment Asso- 
 ciation v. Welch, 35 '!". L.R. 511. 
 
 (4) It shall not be lawful for any mortgagee under 
 a mortgage to which this Act applies, during the con- 
 tinuance of this Act, and so long as interest at the
 
 21 
 
 standard rate is paid and is not more than twenty-one 
 days in arrear, and the covenants by the mortgagor 
 {other than the covenant for the repayment of the 
 principal money secured) are performed and observed, 
 and so long as the mortgagor keeps the property in a 
 proper state of repair and pays all interest and instal- 
 ments of principal recoverable under any prior encum- 
 brance, to call in his mortgage or to take any steps for 
 exercising any right of foreclosure or sale, or for 
 otherwise enforcing his security or for recovering the 
 principal money thereby secured : 
 
 Tho words "standard rati 1 ' must be road subject to sect. 3 
 of the Act of 1919. 
 
 In its application to mortgages of 1919 Act houses this sub- 
 section must be read as modified by sect. 4 (iv) of the Act of 
 1919 post, p. 45). The result as to 1919 Act houses is 
 apparently to make the rate per cent, for the purpose of this 
 section the rate payable on 25th December, 1918. plus any 
 increase made since that date not exceeding ^ per cent, on the 
 standard rale 'see post, p. 44). 
 
 To get the protection of this provision the mortgagor must 
 himself pay the interest and keep the property in repair. The 
 retention of rents by a mortgagee in possession is not a payment 
 of interest within this provision, nor will the property be deemed 
 to be repaired because the mortgagee might have repaired it 
 out of the rents (Walters v. White, 33 T. L. R. 154). 
 
 The language of this sub-section is veiy wide. In cases 
 where it applies a notice calling in a mortgage will he inopera- 
 tive, and any purported sale void. Tho mortgagor might, no 
 doubt, apply for a declaration that the notice is invalid, and 
 the mortgagee would probably be ordered to pay the costs, but 
 there is no need to take proceedings. A purchaser from the 
 mortgagee would not get a good title if the mortgagor had 
 t'ullilled the conditions set out in the section. And, as regards 
 foreclosure, a mortgagee under this sub-section cannot even 
 commence proceedings, nor can he continue proceedings begun 
 hof'oiv, the Act was introduced (Welby v. Parlcer, (1916) 2 
 Ch. 1). Nor can he sue on the covenant for repayment (set 1 
 e.g., London County and Westminster Bcerik \ . Tompkins, post, 
 p. 28). The language of the sub-section would also appear 
 sufficient to prevent the mortgagee from taking possession. And 
 it may prevenl the appointment of a receiver, though such an 
 ippointment i- not within the mischief of the A.ct, and the point 
 is arguable. It is nol of great importance, since the happening
 
 •)•) 
 
 of u.1 1 event to make the power of appointing a receiver . xercise- 
 able under the Conveyancing Act will nearly always take the 
 case out of tliis sub-section altogether. 
 
 I alike the Courts (Emergency Powers) Act, 1914, s. 1,. 
 which, except in the case of officers and men of His Majesty's 
 Poroee, only applies to mortgagee created before the war, this 
 section applies to mortgages whenever they were created. 
 Winn a mortgage mum-; within both the Courts Emergency 
 Powers) Acts and the Increase of Kent, &c. Acts, the pro- 
 visions of both must he complied with. Thus, the fact that 
 a mortgagor is more than 21 days behind with his interest, 
 and. therefore, the mortgager is not precluded from selling 
 by this section, does not do away with the aeceseity of obtain- 
 in-- leave to sell under sect. ! i 1 b) of the Courts (Emer- 
 gency Powers Act, 1914. Applications in such oases, if the 
 mortgaged property is leasehold, are governed by Rule 3, post, 
 p. 52. ^nd, conversely, the fact that before this Act was passed 
 leave was granted under tin Emergency Act to sell if principal 
 was not paid by a certain date does not take the case out of 
 this section it' the date fixed was after this Act. came into 
 operation. 
 
 Provided that this provision shall not apply to a 
 mortgage where the principal money secured thereby 
 is repayable by means of periodical instalments ex- 
 tending over ;i term of not less than ten years from 
 the creation of the mortgage, nor shall this provision 
 affect any power of sale exerciseable by a mortgagee 
 who was at the twenty-fifth day of Novem her nineteen 
 hundred and fifteen a mortgagee in possession, or in 
 cases where the mortgagor consents to the exercise by 
 the mortgagee of the powers conferred by the mort- 
 gage : 
 
 As to 1919 Ad houses, 4th March. 1919, is substituted for 
 25th November, L915 (sect. 4 (ii) of the Act of 1919). 
 
 Even whore the mortgago is payable by instalments as stated, 
 sect. 1, sub-sect. 1, applies, and the rate of interest cannot be 
 raised, though the mortgagee is not restrained from selling, 
 foreclosing, &c. Similarly as U> the mortgagee who was in 
 possessionon November 25th, 1915. It will be remembered that 
 tic Courts 'Emergency Powers) Act, 1914, may apply, so as to- 
 render the Court's leave necessary, though this Act does not. 
 But the former Act does not apply to 6ales by mortgagees in 
 possession, at any rate if the property is land and not pure per- 
 sonalty, and a mortgagee who has appointed a receiver who is-
 
 23 
 
 still acting is for this purpose deemed to be in possession (Courts 
 (Emergency Powers) (No. 2) Act, 1916, s. 1 (1)). 
 
 From the mention in this saving clause of the power of sale 
 only, it was argued in Walters v. White, 33 T. L. R. 154, that 
 in the case of a mortgage to which the Act applies the remedy 
 of a mortgagee in possession is now limited to selling. Sargant, 
 J., however, held that the saving clause was only inserted ex 
 obundanti cautela, and had not this effect. A mortgagee in 
 possession can foreclose, just as a mortgagee not in possession 
 may foreclose, if the mortgagor has not fulfilled the conditions 
 necessary to give him the protection of this section. And the 
 same remark applies to the mortgagee's other remedies. 
 
 Provided also that if, in the case of a mortgage of a 
 leasehold interest, the mortgagee satisfies the county 
 court that his security is seriously diminishing in 
 value or is otherwise in jeopardy, and that for that 
 reason it is reasonable that the mortgage should be 
 called in and enforced, the court may by order 
 authorise him to call in and enforce the same, and 
 thereupon this subsection shall not apply to such 
 mortgage. 
 
 This obviates a hardship that might otherwise arise where 
 money has been lent on leaseholds, and by lapse of time the 
 term is likely to become too short to be a sufficient security for 
 the amount advanced. 
 
 As to the proper court to which to apply, see Rule 2, and 
 see Rulo 3 (2) (b) of the Courts (Emergency Powers) Rules. 
 1918. The application is by summons in Form 2 (Rule 4). 
 
 2. interpretation and application. — (1) For the pur- 
 poses of this Act except where the context otherwise 
 requires : — 
 
 I a The expression " standard rent " means the rent 
 at which the dwelling-house was let on the 
 third day of August nineteen hundred and 
 fourteen, or, where the dwelling-house was 
 not let on that date, the rent at which it was 
 last let before that date, or, in the ease of a 
 dwelling-house which was first let after the 
 said third day of August, the rent ai which 
 it was first let: [Provided that if the rateable 
 value of the dwelling-house on the said third day
 
 24 
 
 of August exceeds the standard rent an so defined, 
 that rateable value shall as respects that house be 
 deemed /<> be the standard rent. Provided that 
 in the case of any dwelling-house let at a 
 progressive rent payable under a tenancy 
 agreement or lease the maximum rent pay- 
 able under such tenancy agreement or lease 
 shall be the standard rent]. 
 
 The words in brackets wore inserted by the Act of 1919, 
 and the proviso printed in italics only applies to 1919 Act 
 houses. S< e seel . 4 and sect. 7 of the Act of 1919, post.) 
 
 Illustration. — A " small dwelling-house " was on August 3rd, 
 1914, let to A. at 241. per annum. It has since been, let to B. 
 at 26/. and then to C. at 28/. The standard rent is 24/. 
 
 Houses erected after or in course of erection at 2nd April, 
 1919, are not within the Acts, and have no standard rent (post, 
 p. 50). 
 
 (b) The expression ''standard rate of interest" 
 means in the case of a mortgage in force on 
 the third day of August nineteen hundred 
 and fourteen, the rate of interest payable at 
 that date, or, in the case of a mortgage 
 created since that date, the original rate of 
 interest : 
 
 While the standard rent is the same for every tenanc}' of the 
 same property the standard interest may vary with each succes- 
 sive mortgage thereon. If on August 3rd, 1914, there was a 
 mortgage on a small dwelling-house carrying interest at 4 per 
 cent, and that mortgage has been paid off and a fresh mort- 
 gage given which carries interest at 5 per cent., the standard 
 rate is 5 per cent, and not 4 per cent. 
 
 The application of this provision in the case of a transfer of 
 a mortgage is not very clear. Suppose that A. is the owner 
 of property coming within this Act, which at the outbreak of 
 the war was in mortgage to B. at 5 per cent. In December* 
 1914, B. called in his mortgage and A. arranged Avith C. 
 to pay B. off and take a transfer of the mortgage, the rate 
 of interest, however, to be in future 5^ per cent. A. joins 
 in the transfer and gives a fresh covenant to pay 5| per 
 cent, interest, and a new proviso for redemption is inserted. 
 Must A. now pay 5 or 5^- per cent.? Is the existing mort-
 
 25 
 
 gage a mortgage which was in force oil the ^Jrd Augusr,. 
 1914, or a mortgage created since that date? The latter, we 
 think, the transfer being only a conveyancing device to effect 
 what is really a new mortgage. There would have been no 
 doubt on the point if the transaction had been carried through 
 by reconveyance and fresh mortgage, and the mere form should 
 make no difference. 
 
 (c) The expression "rateable value'' means the 
 
 rateable value on the third day of August 
 nineteen hundred and fourteen, or, in the 
 case of a house or part of a house first 
 assessed after that date, the rateable value 
 at which it was first assessed : 
 
 There is no reported decision as to the meaning of " rateable 
 value" in this clause. Probably it means the net rateable 
 value and not the gross value. It has been held in the Countv 
 Court that this is the true meaning (VII. Law Journal County 
 Courts Reporter, 49). 
 
 (d) The expressions " landlord," "tenant," '"mort- 
 
 gagee," and "mortgagor" include any per- 
 son from time to time deriving title under 
 the original landlord, tenant, mortgagee, or 
 mortgagor : 
 
 (e) The expression "mortgage" includes a land 
 
 charge under the Land Transfer Acts, 1875 
 (38 & 39 Vict, c. 87) and 1897 (60 & 61 
 Vict, c. 65). 
 
 (2) This Act shall apply to a house or a part of a 
 house let as a separate dwelling where such letting 
 does not include any land other than the site of the 
 dwelling-house and a garden or other premises within 
 the curtilage of the dwelling-house, and where either 
 the annual amount of the standard rent or the rate- 
 able value of the house or part of the house does not 
 exceed — 
 
 (a) in the case of a house situate in the metro- 
 politan police district, including therein the 
 city of London, thirty-five pounds;
 
 26 
 
 (b) in the case of a house situate in Scotland, thirty 
 
 pounds; ami 
 
 (c) in the case of a house situate elsewhere, twenty- 
 
 six pounds ; 
 
 and every such house or part ol* a house shall be 
 deemed to be a dwelling-house to which this Act 
 applies: Provided that this Act shall not apply to a 
 dwelling-house let at a rent which includes payments 
 in respect of hoard, attendance, or use of furniture. 
 
 1: should !»• noted that for the purpose of the Act a house 
 may, and in practice often will, consist of a flat or even of a 
 single room. On the other hand, where a room is let to a lodger, 
 i.e., one who pays a sum to cover board, attendance, etc., as 
 well as lodging, the Act has no application. As to furnished 
 dwelling-houses, see post, p. 48. 
 
 As to whether a house falls within the section two indepen- 
 'I nt criteria are provided. The section will apply (1) if the 
 standard rent does not exceed an amount which varies with the 
 Locality, or (2) if the rateable value does not exceed that 
 amount . In other words, to be outside the section both rent and 
 rateable value must be above the stated amount. A different 
 principle has been applied to houses brought within the scope 
 of the Acts for the first time by the Act of 1919 (post, p. 42). 
 For definition of rateable value see sub-sect. 1 (c). ante, p. 25. 
 
 It is important to notice that the Act only applies where 
 the house is "let." Therefore, if a mortgagor of a small 
 dwelling-house is himself occupying the house, there is nothing 
 in this Act to prevent the mortgagee from calling in his money 
 and raising the interest. 
 
 The section is not very clearly drawn, and its application 
 may give rise to difficulties where part of the premises is used 
 as a shop. If a shop alone were let, there would be no 
 "dwelling," and the Act would not apply. But where shop 
 and dwelling rooms over or at the back are let together, a 
 question may arise whether the letting includes " any land other 
 than the site of the dwelling-house and a garden or other 
 premises within the curtilage." Our own opinion expressed 
 ii former editions is that the case fads within the Acts. This 
 view is confirmed by the Court of Appeal decision in Epsom 
 Grand Stand Association, Limited v. Clarice, 35 T.L.R. 525, 
 where licensed premises were held to be within the Acts. 
 
 In Scott v. Austin, (1919) W. N. 85, Rowlatt, J., said.
 
 27 
 
 "premises within the curtilage" means "premises domestic- 
 ally appurtenant to the dwelling-house." In that case the 
 letting was of a cottage on a building estate where similar 
 cottages were to be built, each with a small piece of ground 
 behind it. It so happened that at one side of the cottage 
 in question similar houses had not been built, their sites 
 forming an open piece of ground on one side of the cottage 
 about one-fifth of an acre in extent. This space and the cottage 
 were let together and were surrounded by a continuous fence, 
 the space forming a garden to the cottage. Held, it was a 
 garden within the curtilage. 
 
 (3) Where, for the purpose of determining the 
 standard rent or rateable value of a dwelling-house 
 to which this Act applies, it is necessary to apportion 
 the rent at the date in relation to which the standard 
 rent is to be fixed or the rateable value of the property 
 in which that dwelling-house is comprised, a county 
 court may, on application by either party, make such 
 apportionment as seems just, and the decision of the 
 court as to the amount to be apportioned to the 
 dwelling-house shall be final and conclusive. 
 
 This is necessary in order that where the tenancy is, e.g. of a 
 single room it mav be possible to ascertain the standard rent or 
 rateable value of that room. 
 
 Illustration. — On August 3rd, 1914, a house was rated at 80Z. 
 One of the upper floors is now let to a tenant. The County 
 Court decides that of the 80Z. rateable value only 20/. is pro- 
 perly attributable to the upper floor. The tenant of the upper 
 floor gets the benefit of the Act. 
 
 As to the words " final and conclusive," see ante, p. 14. 
 
 The application is made to the County Court of the district 
 in which the dwelling-house is situate (Rule 1) by summons 
 in Form 3 (Rule 4). 
 
 (4) Subject to the provisions of this Act, this Act 
 shall apply to every mortgage where the mortgaged 
 property consists of or comprises one or more dw r el)ing- 
 liouses to which this Act applies, or any interest therein 
 except that it shall not apply — 
 
 (a) to anv mortgage compiling one or more dwell- 
 ing-houses to which this Act applies and
 
 28 
 
 other land if the rateable value of .such 
 dwelling-houses is less than one-tenth of the 
 rateable value of the whole of the land com- 
 prised in the mortgage, or 
 
 (b) to an equitable charge by deposit of title deeds 
 or otherwise. 
 
 This must be read in conjunction with .sub-sect. (2), supra. 
 A mortgage of a farm, for instance, is not brought within the 
 A.ots 1>\ the fad thai the rateable value of the house and 
 buildings is more than one-tenth of the rateable value of the 
 whole Land comprised in the mortgage; for the letting- includes 
 the laud, and the farm house will probably not be a dwelling- 
 house within sub-sect. 2) of this A<i or sect. 4 of the Act of 
 1910. 
 
 As regards equitable charges, it has been held by Sargant, J., 
 in Jones v. 11 oodward, 1917) W. N. 61, that the words "or 
 otherwise" are not cjitsdem generis, but arc equivalent to "by 
 some other process than the deposit of deeds "; so that an equit- 
 able charge which is created by writing, without any deposit 
 of title deeds, is within the exception and outside the Acts. The 
 meaning of "equitable charge" was very fully discussed by 
 the Court of Appeal in London County ami Westminster Bank, 
 Ltd. v. Tompkins, (1918) I K. B. 515. The document in that 
 case was in the usual stringent form employed by bankers. 
 Tompkins in 19 12, as security for a present or future overdraft, 
 deposited with the plaintiff bank the title deeds of certain small 
 dwelling-houses, and executed a deed in which he undertook 
 to pay on demand the moneys that should for the time being 
 l>e due from him to the bank, and he thereby charged his interest 
 in the property comprised in the deeds with payment of the 
 said moneys on demand; he declared that the bank should be 
 deemed mortgagees under the deed of all the premises thereby 
 charged; he undertook on request to execute a legal or other 
 mortgage of the premises; he gave the bank a power of sale 
 on default in payment; he declared that during the continuance 
 of the security he would hold the property charged in trust for 
 the bank, with power to the bank to remove him from being 
 trustee and to appoint. theinselwvs or an\ persons to be trustees 
 and to make a declaration vesting all his said estate and interest 
 in such new trustees: and he irrevocably appointed certain 
 ollicials of the bank to bo his attorneys for executing certain 
 documents, including a conveyance of his estate and interest in 
 the premises. In 1917 the plaintiffs sued to recover the amount
 
 29 
 
 due on the overdraft. The Court of Appeal held that the docu- 
 ment was an " equitable charge." and therefore outside the Act 
 of 1915, so that the action was maintainable. Pickford, L.J., 
 was of opinion that the document was not a " mortgage " at all, 
 which he understood to mean what Lindley, M.K., said it meant 
 in Santley v. Wilde, (1899) 2 Ch. 474, viz., "A conveyance 
 of land as a security for the payment of a debt or the discharge 
 of some other obligation for which it is given." Bankes and 
 Scrutton, L.J J., on the other hand, thought it was a mortgage, 
 which term they said includes an equitable mortgage. But 
 all the judges were of opinion that, whether it was a "mort- 
 gage" or not, it certainly was an "equitable charge" within 
 the exception, and therefore the Act did not apply to it. 
 
 A formal mortgage of an equity of redemption— in other 
 words, a second, third, or subsequent mortgage— appeai-s to be 
 within the Act. It is not made to secure only a temporary 
 loan. It does convey an interest in property, though only an 
 equitable interest. This view finds support from the wording 
 of sect. 1, sub-sect. 4, which contemplates that the Act may 
 in some cases apply to a mortgagor who is liable to pay interest 
 under a prior incumbrance. 
 
 A covenant to surrender copyholds without any actual sur- 
 render, the mortgagor appointing the mortgagee his attorney 
 to make the surrender, would appear to be an equitable charge 
 and therefore outside the Act. 
 
 (5) Where this Act has become applicable to any 
 dwelling-house or any mortgage thereon it shall con- 
 tinue to apply thereto whether or not the dwelling- 
 house continues to be a dwelling-house to which this 
 Act applies. 
 
 This is rather Irish, but can be made clear by an illustration. 
 Suppose a house is just within the Acts having regard to the 
 amount of the rent it is let at. The landlord spends 1007. in 
 improvements and adds 61. to the rent or raises the rent by the 
 amount of the increased rates he has to pay, both of which 
 things he is entitled to do. Even if this brings the rent over 
 the statutory limits mentioned in this section and sect. 4 of the 
 1919 Act, tho house is still within the Acts and the rent cannot 
 bo further raised at discretion. 
 
 (6) Where the rent payable; in respect of any 
 tenancy of a dwelling-house is less than two-thirds
 
 30 
 
 of the rateable value thereof, this Act shall not apply 
 to that rent or tenancy nor to any mortgage by the 
 landlord from whom the tenancy is held of his interest 
 in the dwelling-house, and this Act shall apply in 
 respect of such dwelling-house as if no such tenancy 
 existed or had ever existed. 
 
 Tli is section is printed as amended by sect. 7 of the Courts 
 (Emergency Powers) Act, 1917, post, p. 35. Originally the 
 word "standard" appeared before the word "rent" in the first 
 line. To talk of " standard rent " in respect of a tenancy excluded 
 from the Act was obviously a slip. " Standard rent " only exists 
 in the case of a dwelling-house to which the Act applies. The 
 words from "and this Act shall apply " to the end were added 
 by the amending section. At first sight they appear contra- 
 dictory, but the meaning obviously is that, if at the expira- 
 tion of a tenancy where the rent is less than two-thirds of the 
 rateable value, the rent is raised up to or above the two-thirds, 
 the new rent becomes the standard rent, and cannot afterwards 
 be raised (see definition of "standard rent," sect. 2 (1) (a), 
 supra, p. 23). 
 
 The chief effect of this sub-section is to take " ground rents" 
 out of the Act. The Act docs not therefore prevent the ground 
 landlord from increasing his "ground rent" if the property has 
 appreciated in value when the lease falls in. Nor is he protected 
 by the Act as against his mortgagee. 
 
 3. Rules as to procedure. — The Lord Chancellor may 
 make such rules and give such directions as he thinks 
 fit for the purpose of giving effect to this Act, and 
 may by those rules or directions provide for any 
 proceedings for the purposes of this Act being con- 
 ducted so far as desirable in private and for the 
 remission of any fees. 
 
 The English rules are set out post, p. 51. 
 
 4. Application to Scotland and Ireland. — (1) This Act 
 shall apply to Scotland, subject to the following modi- 
 fications : — 
 
 " Mortgage and incumbrance" mean a heritable
 
 31 
 
 security ; "line" means grassum or considera- 
 tion other than rent ; " mortgagor" and " mort- 
 gagee" mean respectively the debtor and the 
 creditor in a heritable security; "covenant" 
 means obligation; "mortgaged property" 
 means the heritable subject or subjects in- 
 cluded in a heritable security ; " rateable 
 value" means yearly value according to the 
 valuation roll; "rateable value on the third 
 day of August nineteen hundred and fourteen" 
 means yearly value according to the valuation 
 roll for the year ending fifteenth day of May 
 nineteen hundred and fifteen; "assessed" 
 means entered in the valuation roll ; " com- 
 mitted waste" means " wilfully destroyed the 
 property " ; " land " means lands and heritages ; 
 " enactments relating to compounding" include 
 the House-letting and Rating (Scotland) Act, 
 1911 (1 & 2 Geo. 5, c. 53); "rate" means as- 
 sessment as defined in the last-mentioned Act ; 
 " Lord Chancellor " means the Court of Session ; 
 "rules" means act of sederunt; and "county 
 court" means the sheriff. 
 Sec further sect. 9 of the Act of 1919. 
 
 (2) This Act shall apply to Ireland subject to the 
 following modifications : — 
 
 (a) A reference to the Lord Chancellor of Ireland 
 
 shall be substituted for the reference to the 
 Lord Chancellor ; 
 
 (b) The expression "mortgage" includes a charge 
 
 by registered disposition under the Local 
 Registration of Title (Ireland) Act, 1891 
 (54 & 55 Vict. c. 66); 
 
 (c) The expression "rateable value" means the 
 
 annual rateable value under the Irish 
 Valuation Acts: Provided that where part 
 of a house let as a separate dwelling is not 
 (separately valued under those Acts, the Com- 
 
 c2
 
 32 
 
 missioner <>!' Valuation and Boundary Sur- 
 veyor may on the application of the landlord 
 or tenant make such apportionment of the 
 rateable value of the whole house as seems 
 just, and his decision as to the amount to be 
 apportioned to the pari of the house shall be 
 final and conclusive, and that amount shall 
 be taken to be the rateable value of the part 
 of the house Eor the purposes of this Act but 
 not further or otherwise 
 
 - further sect. 10 of the Act of 1919. 
 
 5. Short Title and Duration.— (I) This Act maybe 
 cited as the Increase of Rent and Mortgage Interest 
 (War Restrictions) Act. 1915. 
 
 (2) This Act sluill continue in force during the con- 
 tinuance of the present Avar and for a period of six 
 months thereafter and no longer, but the expiration 
 of this Act shall not render recoverable any rent or 
 interest, which during the continuance thereof was 
 irrecoverable or affect the right of a tenant to recover 
 any sum which during the continuance thereof was 
 under tins Act recoverable by him. 
 
 This is now subject to sect. 1 of the Act of 1919, post. 
 
 " Continuance of the present war." See Termination of 
 the Presenl War [Definition) Act, 1918, p. 39. 
 
 A.s to sums recoverable by the tenant, see ante, p. 17, and 
 ■ect. a of the Act of 1917, post, p. 33.
 
 33 
 
 COURTS (EMERGENCY POWERS) ACT, 1917. 
 7 & 8 Geo. 5, c. 25. 
 
 An Act to amend the Court* [Emergency Powers) Acts, 
 1914 to 1916, and the Increase of Rent and Mortgage 
 Interest (War Restrictions) Act, 1915, and to grant 
 relief in connexion with the present war from liabilities 
 <oid disqualifications arising out of certain contracts. 
 
 * [10th July 1917.] 
 
 The only sections which affect the Increase of Rent, 
 &c. Act, are the following: — 
 
 4. Power to accept premiums on leases for 21 years or 
 upwards. — (1) Sub-section (2) of section one of the 
 Increase of Rent and Mortgage Interest (War Re- 
 strictions) Act, 1915, shall not apply to a lease of a 
 dwelling-house for a term of twenty-one years or 
 upwards. 
 
 (2) Section two of the Courts (Emergency Powers) 
 (No. 2) Act, 1910 (6 & 7 Geo. 5, c. 18), is hereby 
 repealed. 
 
 The result is that on granting a lease for 21 years or more the 
 lessor can take a fine, premium, or other like sura in addition to 
 the rent, a thing which he could not do at all between the 
 introduction of the Act of 1915 and the passing of the Courts 
 (Emergency Powers) (No. 2) Act, 1916 (Rces v. Marquis of 
 Bute, (1916) 2 Oh. 64), and after the latter Act only with 
 the leave of the County Court. Sec note to sect. 1 (2) of the 
 Act of 1915. supra, p. 18. 
 
 5. Provisions as to sums made irrecoverable by 5 Jjr 6 
 tito. 5. c. 97.— (1) Where any sum lias, whether before
 
 m 
 
 or after the passing of this Act, been paid on account of 
 any rent or mortgage interest, being a sum vdiich by 
 virtue of the [ncrease of Rent and Mortgage Interest 
 (War Restrictions) Act, 1915, would have been irre- 
 coverable by the landlord or mortgagee, the sum so 
 paid shall nt any time within six months after the 
 date of payment, or, in the case of a payment made 
 before the passing of this Act, within six months after 
 the passing thereof, be recoverable from the landlord 
 or mortgagee who received the payment or his legal 
 personal representative by the tenant or mortgagor by 
 whom it was paid, and may, without prejudice to any 
 other method of recovery, be deducted by such tenant 
 or niortgagor from any rent or interest payable within 
 such six months by him to such landlord or mortgagee. 
 
 This overrides the decision in Sharp Brothers and Knight 
 v. Chant, (1917) 1 K. B. 771. In that case the landlord of a 
 dwelling-house, to which the Act of 1915 applied, in March, 
 1915, increased the tenant's rent by 6d. a week. The tenant 
 paid the increased rent, and, in ignorance of the Act, continued 
 to do so until January 31, 1916. Having then become aware 
 of the Act, he deducted from his subsequent payment of rent the 
 total amount of the increase over the standard rent which he 
 had paid between November 25, 1915, and January 31, 1916. 
 In an action by the landlord to recover the amount so deducted, 
 it was held by the Court of Appeal that the amount overpaid by, 
 the tenant was not a " fine, premium, or other like 6um " which 
 he was entitled to deduct from his rent under sect. 1 (2) of the 
 Act of 1915, and that, as he had paid the increase under mistake 
 of law, he could not recover it from the landlord in any shape or 
 form. 
 
 Overpaid rent or interest can now be recovered. Where there 
 has been no change of landlord or niortgagee, the tenant or 
 mortgagor may deduct the amount overpaid from his rent or 
 interest. If there has been a change of landlord or mortgagee, 
 an action will have to be brought against the former landlord or 
 mortgagee or his executor or administrator if he refuses to refund 
 the amount on demand. Owing to the omission of the words 
 "or his legal personal representative" after the word "mort- 
 gagee " at the end of the section, it would seem that the executor 
 or administrator of a landlord or mortgagee is legally entitled
 
 35 
 
 to demand the standard rent or interest in full, and compel the 
 tenant or mortgagor to bring an action to recover the over- 
 payments. Certainly if the personal representative has passed 
 the property on to the beneficiaries, the only method of 
 recovering the overpayments is to sue the personal repre- 
 sentatives. 
 
 (2) If any person in any rent book or similar docu- 
 ment makes an entry showing or purporting to show 
 any tenant as being in arrear in respect of any sum 
 which by virtue of the said Act is irrecoverable, or if, 
 where any such entry has before the passing of this 
 Act been made by or on behalf of any landlord, the 
 landlord, on being requested by or on behalf of the 
 tenant so to do, refuses or neglects to delete the entry, 
 he shall on summary conviction be liable to a fine not 
 exceeding ten pounds. 
 
 This was intended to put a stop to the unscrupulous practice 
 of frightening tenants into paying more than the standard rent 
 by entering up the irrecoverable increase in the rent-book as 
 " arrears," falsely asserted to bo payable when the Acts cease 
 to operate. The average tenant does not know sect. 5 of the 
 Act of 1915, ante, p. 32. 
 
 (3) This section shall be construed as one with the 
 Increase of Rent and Mortgage Interest (War Restric- 
 tions) Act, 1915. 
 
 7. Provision as to leases at less than rack rent. — In 
 sub-section (6) of section two of the Increase of Rent 
 and Mortgage Interest (War Restrictions) Act, 1915, 
 which relates to tenancies at less than rack rent, the 
 word " standard " shall be omitted, and at the end of 
 the sub-section there shall be inserted the following 
 words "and this Act shall apply in respect of such 
 dwelling house as if no such tenancy existed or had 
 ever existed." 
 
 Sec Qote to sect. 2 (6) of the Act of L915, ante. 
 
 10. Short title. — This Act may be cited as 
 Courts (Emergency Powers) Act, 1917. 
 
 the
 
 36 
 
 INCREASE OF RENT, &c. (AMENDMENT) 
 ACT, 1918. 
 
 8 GrEO. 5, c. 7. 
 
 An Act to restrict the meaning of tlie expression landlord 
 in subsection (3) of section one of the Increase of 
 Rent and Mortgage Interest (War Restrictions) Act, 
 1915. 
 
 [2nd May, 1918.] 
 
 Be it enacted by the King's most Excellent Majesty, 
 by and with the advice and consent of the Lords 
 Spiritual and Temporal, and Commons, in this present 
 Parliament assembled, and by the authority of the 
 same, as follows : — 
 
 1. Restriction of meaning of landlord in 5 <$' 6 Geo. 5, 
 c. 97, 8. 1 (3). — Subsection (3) of section one of the 
 Increase of Rent and Mortgage Interest (War Restric- 
 tions) Act, 1915, shall have effect as if at the end 
 thereof the following provision was inserted : — 
 
 "For the purposes of this subsection the expression 
 ' landlord ' shall not include any person who 
 since the thirtieth day of September nineteen 
 hundred and seventeen has become landlord by 
 the acquisition of the dwelling-house or any 
 interest therein otherwise than bv the devolu- 
 tion thereof to him under a settlement made 
 before the said date, or under a testamentary 
 disposition or an intestacy," 
 
 and the provisions of the said subsection with respect 
 to orders made but not executed before the passing of 
 that Act, shall apply to orders made but not executed
 
 37 
 
 before the passing of this xYet, as if this Act had been 
 substituted for that Act in the said subsection : 
 
 Provided that this enactment shall not apply in any 
 case where the Court is satisfied by certificate given 
 by or on behalf of the Board of Agriculture and 
 Fisheries (or as regards premises in Scotland by the 
 Board of Agriculture for Scotland, or in Ireland the 
 Department of Agriculture and Technical Instruction 
 for Ireland) that the premises in question are required 
 for the occupation of a person engaged or employed 
 in agricultural work of urgent national importance. 
 
 See, however, sect. 5, sub-sect. 2, of the Act of 1919, -which 
 goes a long way towards practically repealing this section. 
 Sect. 1 (3) of the Act of 1915 restricted the making of eject- 
 ment orders against tenants of small dwelling-houses. But 
 the Court was allowed to make an ejectment order if the pre- 
 mises were reasonably required by the landlord for (lie occu- 
 pation of himself or some person in his employ or in the employ 
 of a tenant from him, a provision inserted to assist the 
 •carrying on of businesses of national importance, especially 
 agriculture; but the shortage of houses due to the war caused 
 it to be exploited in ways unforeseen. Those desirous of getting 
 house room found that the sitting tenant could not be made 
 to go so long as he paid his rent and behaved himself, 
 unless the landlord reasonably required the house for his own 
 occupation. The thing to do, therefore, was to buy (he house 
 and become the landlord. The Courts might have thwarted 
 the practice by holding that it was not " reasonable " to 
 turn out an unobjectionable tenant to make room for the 
 new landlord. But they did not exercise their powers of re- 
 fusal as fully as they might have done, and Parliament A\a* 
 driven by popular pressure to intervene. 
 
 The result of the section as road with sect. 1 (3) of the 
 Ait of 1915 is (subject to what is said in the next para- 
 graph) that a person who since the 30th September, 1917, 
 became landlord of a email dwelling-house by acquiring it 
 or any interest in it otherwise than by devolution under a 
 settlement made before that date or under a testamentary dis- 
 position or an intestacy which means, practically, a person 
 who bought the house after the 30th September, 1917 oannot 
 turn the tenant out meroly on the ground that ho wants to 
 occupy the house himself or wants if for I lie occupation of 
 
 14686
 
 38 
 
 an employee of himself or of some tenant of his. But an eject- 
 ment order can bo mado at the instance of the purchaser on 
 any other ground mentioned in sect. 1 (3) of the Act of 1915; 
 and tho exception in favour of agricultural landlords should 
 be noted . 
 
 Thi- position is, however, to some considerable extent 
 modified by seek 5, sub-sect. 2 of the Increase of fiont and 
 Mortgage Cntereel (Restrictions) Act, 1919, which provides 
 thai a person who has purchased after 30th September, 1917, 
 may, notwithstanding the present Act, obtain an order for pos- 
 session from the Court if he requires the houso for occupation 
 by himself or his employee or employee of one of his tenants, 
 provided the Court considers it reasonable to make the order 
 after considering all the circumstances, including the alterna- 
 tive accommodation available for the tenant (see post, sect. 5, 
 sub-s. 2, Act of 1919). 
 
 When- the owner being himself in possession sells tho house, 
 this Act does not prevent the purchaser from recovering pos- 
 session, for there is no tenancy, unless of course thero is an 
 agreement that vendor be allowed to stay on till he has found 
 another house. 
 
 2. Short title. — This Act may be cited as the 
 Increase of Rent, &c. (Amendment) Act, 1918.
 
 ■■'» 
 
 INCREASE OF RENT AND MORTGAGE 
 
 INTP:REST (RESTRICTIONS) ACT, 1919. 
 
 9 Geo. 5, c. 7. 
 
 An Act to extend, amend and prolong the duration of 
 the Increase of Rent and Mortgage Interest ( War 
 Restrictions) Act, '191 5, and the enactments amend- 
 ing that Act. [2nd April, 1919.] 
 
 1. Prolongation of duration of principal Act. — The 
 Increase of Rent and Mortgage Interest (War Re- 
 strictions) Act, 1915 (hereinafter referred to as the 
 "principal Act"), and* the enactments amending that 
 Act, shall continue in force until Lady Day nineteen 
 hundred and twenty-one, but during the period (here- 
 inafter referred to as " the extended period") between 
 the time when but for this Act the principal Act 
 would have expired and the said Lady Day the 
 principal Act shall have effect subject to the modi- 
 fications contained in the two next succeeding' 
 sections. 
 
 The principal Act provided that it should continue in force 
 -; during the continuance of the present War and six months 
 after." The Termination of the Present War (Definition) Act, 
 1918, has provided that the date (to be as near the formal 
 ratification of Pea.ce as possible) of determination of the Wai 
 may be declared by Order in Council, and the War shall be 
 treated as ending on that date for the purpose of any provision 
 in any statute. The date therefore at which the principal Aol 
 would have, apart from tho present amending Act, expired, is 
 six months after the date so fixed by Order in Council. Thia 
 date mav conveniently be referred to as " Termination of the 
 War."
 
 to 
 
 The result of i liis seotion as read with the succeeding 
 mes is: — 
 
 A.a to 1 ( J J r» Art houses" the provisions of the principal 
 Act forbidding increase of renl or mortgage interest remain in 
 full force till six mouths after the " Termination of the War." 
 From six months after that date till Lady Day, 1921, the 
 restrictions of the Acts continue in force subject to these modi- 
 fications: (1 ivnt is increasable by 10 percent, on the standard 
 renl Bubjecl to the provisions of sect. 2 of this Act; (2) mort- 
 gage interest may be increased by | per cent, on the standard 
 rate provided that when so increased the rate is still not over 
 5 per cent, sects. 2 and 'J, post). 
 
 A.S to " 1919 Act houses,'' owing to the provisions of sect. 4, 
 post, increases of rent or mortgage interest not later than Christ- 
 mas, 1918, are valid and enforceable, the Acts not applying. 
 Increases since that date are as from 4th March, 1919, in- 
 validated so far as they exceed 10 per cent, on the standard 
 rent or | per cent, on the standard rate of interest. There 
 is, however, no limit of the total rate of interest as regards 
 this class of house, so that if the standard rate of interest' is 
 i) per cent., increase to 5| per cent, is admissible. It will be 
 noticed that within the limits indicated increase of rent or 
 interest, in respect of this (lass of house may take place before 
 the expiry of six months from the " Termination of the War." 
 
 2. Limited power of increasing rents during the extended 
 period. — (1) An increase in the rent of a dwelling- 
 house to which the principal Act applies payable in 
 respect of the extended period or any part thereof 
 which would but for the principal Act be recoverable, 
 shall be recoverable if or so far as the amount of the 
 increase does not exceed ten per centum of the stan- 
 dard rent : 
 
 This section only operates as from six months after the " Ter- 
 mination of the War" and only applies to " 1915 Act houses" 
 (sect. 1, ante). The result of the section where applicable is 
 that if landlord and tenant agree to increase the rent of a 
 small dwelling-house from, e.g. £20 per annum to £22 per 
 annum, as from six months after the " Termination of the War," 
 tins agreement to pay the extra £2 is enforceable. Had the 
 agreement been to pay £24 it would be enforceable as to £22 
 only this in virtue of the " if or so far as." 
 
 The 10 per cent, must, be reckoned on the standard rent.
 
 41 
 
 It is possible that under sect. 1, sub-s. 1 (iv) of the principal 
 Act the actual rent payable by the tenant may be the standard 
 rent plus an increase to compensate the landlord for increased 
 rates, e.g. the standard rent is £20, but the rent actually pay- 
 able lias been increased to £21. The 10 per cent, must be 
 calculated on the £20— not on the £21; similarly with regard 
 to increases under sect. 1, sub-s. 1 (ii). 
 
 Provided that no such increase shall be due or 
 recoverable if the sanitary authority of the district 
 in which the house is situate on the application of the 
 tenant certifies that the house is not reasonably fit for 
 human habitation or is not kept in a reasonable state 
 of repair, nor in any case until or in respect of any 
 period prior to the expiry of four clear weeks after 
 the landlord has served upon the tenant a notice in 
 writing of his intention to increase the rent, and 
 informing the tenant of bis right to apply to the 
 sanitary authority for such a certificate as aforesaid. 
 
 " Provided that no such increase shall be due or recoverable 
 .... until or in respect of any period prior to the expiry 
 of four clear weeks." 
 
 Cp. the language of sect. 1, sub-s. 1 (vi) of the principal 
 Act and the note thereon, which equally applies here. 
 
 (2) On any such application to a sanitary authority 
 a fee of one shilling shall be payable, but if the 
 authority, as a result of the application, issues such a 
 certificate as aforesaid the tenant shall be entitled to 
 deduct the amount of the fee from any subsequent 
 payment of rent. 
 
 (3) The increase of rent permitted by this section 
 shall be in addition to any increase permitted by 
 section one of the principal Act. 
 
 3. Limited power of increasing rate of mortgage 
 interest. — Nothing in the principal Act shall prevent 
 an increase in the rate of interest payable in respect 
 of the extended period on a mortgage to which the 
 principal Act applies, if the increase does not exceed 
 one half per centum per annum, and the rate when so 
 increased does not exceed five per centum per annum, 
 and subsection 4 of section one of the principal An
 
 42 
 
 shall apply as it' the reference therein to the standard 
 rnte included a reference to such increased rate. 
 
 This section only applies to mortgages of " 1915 Act houses " 
 (sect. 1), and only operates as from six months after" Termina- 
 tion of the War." Mortgages of " 1919 Act houses " are dealt 
 with by sect. 4, and as to these the rate of interest is increasable 
 by | per cent, even before six months from " Termination of 
 the War," and without reference to any maximum of 5 per cent. 
 
 4. Extension of principal Act to higher -rented houses. — 
 As from the passing of this Act, the principal Act and 
 the enactments amending that Act shall extend to 
 houses or parts of houses let as separate dwellings 
 where such letting does not include any land other 
 than the site of the dwelling-house and a garden or 
 other premises within the curtilage of the dwelling- 
 house, and where — 
 
 (a) in the case of a house situated in the metro- 
 
 politan district, including the City of London, 
 both the annual amount of the standard rent 
 and the rateable value of the house or part 
 of the house exceed thirty-five pounds, and 
 neither exceeds seventy pounds ; 
 
 (b) in the case of a house situate in Scotland, both 
 
 the annual amount of the standard rent and 
 the rateable value of the house or part of the 
 house exceed thirty pounds, and neither 
 exceeds sixty pounds ; 
 
 (c) in the case of a house situated elsewhere, both 
 
 the annual amount of the standard rent and 
 the rateable value of the house or part of 
 the house exceeds twenty-six pounds, and 
 neither exceeds fifty-two pounds; 
 
 and shall also extend to mortgages (not being mort- 
 gages to which the principal Act as originally enacted 
 applies), where the mortgaged property consists of or 
 comprises one or more of such dwelling-houses as 
 aforesaid or any interest therein, subject, however, 
 to the exceptions mentioned in subsection (4) of 
 section two of the principal Act, but in the application
 
 43 
 
 to those houses and mortgages the principal Act and 
 the enactments amending that Act shall have effect, 
 subject to the following modifications: — 
 
 Where notice to quit, expiring on March 25, 1919, had been 
 given in respect of a Surrey house rented at £50, and not within 
 the 1915 Act, and the tenant held over till after the passing of 
 this Act, it was held that this Act apjplied (Dobson v. Richards, 
 (1919) W. N. 166). 
 
 It will be observed that the criterion of a " 1919 Act house " 
 differs from that of a " 1915 Act house." A house falls wi'hin 
 the 1915 Act if either rent or rateable value does not exceed the 
 figure specified in sect. 2, sub-sect. 2 of that Act. If both rent 
 and value exceed that figure it is not caught by the 1915 Act, but 
 will still be caught by this Act if neither the rent nor the rate- 
 able value exceeds the figure mentioned in this section. But 
 this Act will not apply if the rent exceeds that figure, even' 
 though the rateable value do not, nor vice versa. The figure 
 taken as criterion under this section is just double the similar 
 figure taken by the principal Act. 
 
 (i) for subsection (1) of section one of the prin- 
 cipal Act, exclusive of the provisoes to that 
 subsection, the following provisions shall be 
 substituted : — 
 
 Where the rent of a dwelling-house to 
 which this Act applies or the rate of interest 
 on a mortgage to which this Act applies has 
 been since the twenty-fifth day of December 
 nineteen hundred and eighteen, or is hereafter 
 increased and such increase would apart from 
 this Act have been recoverable, then, if the 
 increased rent exceeds by more than ten per 
 centum the standard rent, or the increased 
 rate of interest exceeds by more than one 
 half per centum per annum the standard 
 rate, the amount of such excess above the 
 said ten per centum or one half per centum, 
 as the case may be, shall, notwithstanding 
 any agreement to the contrary, be irrecover- 
 able from the tenant or the mortgagor, as 
 the case may be, and, if paid, may be 
 recovered by the tenant or mortgagor in the
 
 44 
 
 manner and subject to the provisions of 
 subsection (1) of section five of the Courts 
 (Emergency Powers) Act, 1917; 
 
 This provieioD pnrj applies to " 1919 Act houses." Thes< 
 ai'e under the Bame restrictions as the " l!)lo Act houses," except 
 that (1) the increase of 10 per cent, rent and \ per cent, mort- 
 gage interest may commence even before the expiry of six 
 months from " Termination of the War " ; and (2) the increase 
 of interesl is only forbidden in excess of .', per cent.— there 
 i> qo limit of the total interest to o per cent. 
 
 It A\il! be observed that the clause is retrospective and applies 
 to increases, though thej occurred before the Act if they 
 occurred alter 25th December, 1<J1 8. In this connection, how- 
 ever, the next succeeding proviso must be carefully observed. 
 Increases since 25th December, L918, are, it is true, invali- 
 dated if they exceed the specified limits, but only invalidated 
 as from 4th March, 1919. Thus, if the rent in August, 1914, 
 was £40 and the rate of mortgage interesl I per cent., and 
 these figures were increased to £52 and 5 per cent, respectively 
 ad from 1-t January, 1919, these increases were effective till 
 4th March. 1919, but from then only valid to the extent 
 specified. That is, the tenant cannot recover anything in respect 
 of the rent from 1st January to 3rd March paid at the rate of 
 £52, but will in future onlj be liable to pay £44 rent. The 
 mortgage interest m ill have to be calculated at 5 per cent, from 
 1st January to 3rd March, but thereafter at 4^ per cent. only. 
 It', as is probable, the next payment is due on 1st July, 1919, 
 an apportionment should be made. 
 
 Probably the practical result of this not very satisfactorily 
 drawn provision is in general, but by no moans always, tho 
 same as it' the definitions of standard rent and standard rate 
 of interest had been applied to "1919 Act houses" with 
 25th December. 1918, substituted for 3rd August, 1914, 
 with the addition of the 10 per cent, and \ per cent, increases. 
 The language, however, may give rise to awkward questions 
 where, in respect of " 1919 Act houses," the rent or mortgage 
 interesl was increased before 26th December, 1918. Where 
 such an increase has taken place it would seem to be effective 
 and not within the restrictions of the Act, though the Act may 
 prevent further increase. Thus, if a " 1919 Act house " was in 
 mortgage in August, 1914, at 4 per cent, and the rate was 
 increased in August, 1916, to 5 per cent., the present section 
 apparently does not prevent this 5 per cent, from still 
 being payable. But an agreement by the mortgagor after 
 25th December, 1918. increasing the interest to 5^ per cent.
 
 45 
 
 is not binding after the 3rd March, 1919, for this is an increase 
 of more than \ per cent, on the standard rate of 4 per cent. 
 Mutatis mutandis the same thing is true of rent. It is perhaps 
 a pity that the definitions of standard rent and standard rate of 
 interest were not revised in their application to " 1919 Act 
 houses." and the fact that this is not done may give rise to 
 difficult cases. 
 
 (ii) in proviso (i) to subsection (1 ) and subsections 
 (2) and (4) of section one of the principal 
 Act the fourth day of March nineteen 
 hundred and nineteen shall be substituted 
 for the twenty-fifth clay of November nine- 
 teen hundred and fifteen ; 
 
 Sec these subsections, ante. 
 
 (iii) in subsection (3) of section one of the principal 
 Act references to the date of the passing- of 
 the principal Act shall be construed as refer- 
 ences to the date of passing- of this Act ; 
 
 This Act was passed on 2nd April, 1919. 
 
 (iv) in subsection .(4) of section one of the principal 
 Act for the reference to the standard rate 
 there shall be substituted a reference to the 
 rate permitted by tin's section ; 
 (v) at the end of paragraph (a) of subsection (1) of 
 section two of the principal Act there shall 
 be inserted the following- proviso : — 
 
 Provided that, if the rateable value of the 
 dwelling-house on the said third day of 
 August exceeds the standard rent as so 
 defined, that rateable value shall, as respects 
 that house, be deemed to be the standard 
 rent. 
 
 Thus at 3rd August, 1914, a house was let out of charitable 
 motives to an aged relative at £50 per annum, though the rate- 
 able value was £G5. The original tenant is dead, and the land 
 lord desires to re-let. iThe standard rent is not £50 but £65. 
 
 It will be noted that this clause only applies to " L919 A<t 
 houses." 
 
 i>
 
 •16 
 
 5. Minor amendments of ihc principal Act. — (1) A 
 landlord of a house to which the principal Act, either 
 as originally enacted or as extended by this Act, 
 applies shall, on being so requested by the tenant of 
 the house, furnish to him a statement as to what is 
 the standard rent of the house, and if he fails within 
 fourteen days to do so, or furnishes a statement which 
 is false in any material particular, he shall be guilty 
 of an offence and liable on summary conviction to a 
 fine not exceeding - ten pounds. 
 
 In this connection it is important to bear in mind the defini- 
 tion of standard rent (sect. 2, sub-s. 1 of the principal Act) 
 and to observe that such rent is not necessarily that actually 
 payable by the tenant, which may be a higher figure owing 
 to the landlord having done repairs or to a rise in rates (sect. 1, 
 6ub-s. 1 (ii) and (iv) of the principal Act), or there may have 
 been an increase up to 10 per cent, under this Act. In such 
 cases the convenient thing would bo for the landlord to state 
 the standard rate and add particulars as to the increase made. 
 
 (2) Where a person who has, since the thirtieth day 
 of September nineteen hundred and seventeen, pur- 
 chased a house to which the principal Act, either as 
 originally enacted or as extended by this Act, applies, 
 requires the house for his own occupation or that of 
 some person in his employ, or in the employ of some 
 tenant from him, nothing in the Increase of Rent, &c. 
 (Amendment) Act, 1918, shall be construed as pre- 
 venting the court from making an order for the 
 recovery of possession of the house, if, after con- 
 sidering all the circumstances of the case, including 
 especially the alternative accommodation available for 
 the tenant, the court considers it reasonable to make 
 such an order. 
 
 This section imposes very considerable limits on the opera- 
 tion of the Act of 1918 (which see ante). As to the words 
 " person in his employ or in the employ of some tenant from 
 him," see Rex v. Rogers, Ex parte Hodson, (1918) W. N. 128, 
 ante, p. 20.
 
 47 
 
 It is perhaps not clear whether " a person who has since 
 30th September, 1917, purchased," refers only to persons 
 who purchased after that date and before the coming into 
 operation of this Act (viz. 2nd April, 1919), or includes also 
 purchasers who bought after the Act came into force. Contrast 
 the language of sect. 4 (1), "has been since 25th December, 
 1918, or is hereafter increased." 
 
 The Acts, indeed, give rise to a good many difficulties as 
 regards vendor and purchaser. As already noticed, the fact 
 of the owners desiring to sell with vacant possession is 
 not a satisfactory ground for an ejectment order against the 
 tenant under sect. 1, sub-s. 3 of the principal Act (Stovin v. 
 Fairbrass, ante, p. 20). If the owner sells under a contract 
 to give vacant possession and finds that the tenant taking 
 advantage of the Acts refuses to go, the purchaser will be 
 entitled to rescind his contract, and might apparently even sue 
 for substantial damages, since it would seem that the Bain v. 
 Fothergill (L. B,. 7 H. L. 188) rule would not apply. (See 
 36 Law Notes, p. 256, and cases there cited.) 
 
 Where the contract for sale with vacant possession was entered 
 into though not completed before the Act, the purchaser could 
 apparently rescind, but no claim for damages arose. 
 
 (3) The principal Act, both as originally enacted 
 and as extended by this Act, shall have effect as if in 
 proviso (vi) to subsection (1) of section one of that 
 Act after the word " until" there were inserted the 
 words " or in respect of any period prior to." 
 
 See ante, p. 1G. 
 
 (4) Any rooms in a dwelling-house the subject of a 
 separate letting as a dwelling shall, for the purposes 
 of the principal Act and this Act, be treated as a part 
 of a house let as a separate dwelling. 
 
 The object of this clause is obscure. Its effect is, no doubt, 
 that where a tenant takes one or two rooms in a house for the 
 purpose of dwelling in them the tenancy of the rooms will be 
 within the Act. But since the rooms were surely, apart from 
 this clause, " a part of a house " within sect. 2, sub-s. 2 of the 
 principal Act, this clause appears to do no more than re] 
 the existing rule. Accepted on this basis by the Commons as 
 "harmless," after being inserted by the Lords, the clause may 
 yet have unforeseen effects on the construction of the Act. 
 
 d2
 
 4S 
 
 6. Limitation on rent of houses let furnished. — 
 (1) Where the occupier of a dwelling-house to which 
 the principal Act, either us originally enacted or as 
 extended by this Act, applies, lots. or has, before the 
 passing of this Act, let the house or any part thereof 
 at a rent which include- payment in respect of the 
 use of furniture, ami it is proved to the satisfaction of 
 the county court on the application of the lessee that 
 the rent charged yields to the occupier a profit more 
 than twenty-five per centum in excess of the normal 
 profit as hereinafter defined, the court may order that 
 the rent, so far as it exceeds such sum as would yield 
 such normal profit and twenty-five per centum, shall 
 be irrecoverable, and that the amount of any payment 
 of rent in excess of such sum which may have been 
 made in respect of any period after the passing of 
 this Act. shall be repaid to the lessee, and, without 
 prejudice to an\ other method of recovery, may be 
 recovered by him by means of deductions from any 
 subsequent payments of rent. 
 
 (2) For the purpose of this section u normal profit 5 ' 
 means the profit which might reasonably have been 
 obtained From a similar letting in the year ending- on 
 the third day of August, nineteen hundred and 
 fourteen. 
 
 This section onlj applies to dwelling-houses which, apart 
 from the fact of their being let furnished, would fall within 
 the .Vet. having regard to their rent and rateable value — at least 
 this seems to be the effect, though the word- " dwelling-house 
 to which the principal Act . . . applies are not very apt for 
 the purpose, since the Acts do not, apart from this section, apply 
 to houses let furnished. It may be indeed that on a strict 
 interpretation this section has no application unless the house 
 was on 3rd August, 1914. or has since been let unfurnished, 
 and does not apply where there has never been a letting on 
 3rd August, 1914, or thereafter, except as a furnished house. 
 
 The section i> retrospective, and the excess rent is recover- 
 able for any period after 2nd April. 1919. whatever the date 
 of the letting . 
 
 Thi principal Ac! (see sect. 2, sub-8. >2 did not apply to
 
 49 
 
 iettings of furnished houses, nor does the present section bring 
 them within the general provisions of the Acts — furnished 
 houses continue outside the general scope of the Acts, but are 
 in some cases subjected to the much narrower provisions of this 
 section. No additional security of tenure is gixen the tenant 
 of a furnished dwelling-house, e.g. if he holds as weekly tenant 
 the landlord can determine the tenancy by notice and the tenant 
 must go — there is nothing to prevent the landlord suing for 
 possession; the section only enables the County Court to in- 
 validate a claim for rent beyond the specified limits during 
 such period as the letting endures. 
 
 The result will probably be in practice thai; landlords will 
 refuse to let furnished houses except on weekly tenancies or 
 quite short terms, and the tenant will therefore not find it worth 
 his while to apply to the County Court, knowing that such 
 action would mean an early termination of his tenancy with 
 no chance of renewal. 
 
 " Any period after the passing of this Act," i.e. after 
 2nd April, 1919. The section applies whenever the tenancy 
 commenced, but only enables excess rent to be recovered by 
 the tenant where it was paid in respect of a period after that 
 date. 
 
 The definition of normal profit may give rise to diffi- 
 cult cases. In the case of a furnished house at the seaside, 
 e.g. the rent and profit obtainable vary considerably according 
 to the time of year. The words " similar letting " apparently 
 involve a July let of 1919 being compared with a July let 
 of 1914. 
 
 For mode of application, see p. 69, post. 
 
 7. Amendment of definition of standard rent.—kt the 
 end of paragraph (a) of subsection (1) of section two 
 of the principal Act. the following words shall be 
 inserted: — 
 
 Provided that, in the case of any dwelling- 
 house let at a progressive rent payable under a 
 tenancy agreement or lease, the maximum rent 
 payable under such tenancy agreemenl or lease 
 shall be the standard rent. 
 This section deals with cases of a progressive rent, i.e. a 
 • which, beginning at a smaller figure, gradually rises from 
 pear to year. Such cents are said to be Erequenl under various 
 philanthropic building schemes for veteran soldiers and others. 
 This provision enables the rent to "progress" aocording to 
 the agreement unhampered by the restrictions of these Acts.
 
 50 
 
 8. Exception of new houses, — Neither the principal 
 Act nor this Act shall apply to houses erected after 
 or in course of erection at the passing of this Act. 
 
 Viz., 2nd April, 1919. 
 
 9 Application <>/' Act to Scotland. — In the application 
 of this Act to Scotland — 
 
 (a) the twenty-eighth day of May shall be sub- 
 
 stituted for Lady Day and the local 
 authority under the Public Health (Scot- 
 land) Act, 1897, shall be substituted for 
 the sanitary authority ; 
 
 (b) as from the commencement of the extended 
 
 period the principal Act shall be amended 
 by the insertion in proviso (iv) of sub- 
 section ( 1 ) of section one, after the word 
 ' c dwelling-house" where first occurring 
 therein, of the words " or where by the 
 law of Scotland owners' rates are charge- 
 able on the landlord of any dwelling- 
 house.'" 
 
 10. Application of Act to Ireland. — In tin; application 
 of this Act to Ireland — 
 
 (a) the first day of May shall be substituted for 
 
 Lady Day in the case of tenancies where 
 the former day is the gale day ; 
 
 (b) the medical officer of health of a dispensary 
 
 district shall be substituted for the sanitary 
 authority in section two of this Act, and 
 the issue of certificates and the payment 
 of fees in connexion with applications by 
 tenants under the said section shall be 
 subject to regulations to be made by the 
 Local Government Hoard for Ireland. 
 
 11. Short title and construction. — T 'his Act ma)- be 
 cited as the Increase of Rent and Mortgage Interest 
 (Restrictions) Act, 1919, and shall be construed as one 
 with the principal Act.
 
 51 
 
 RULES. 
 
 Rules for Ireland were made on the 2±th March, 1916. 
 
 The Increase of Rent and Mortgage Interest (War 
 Restrictions) Rules, 1916, dated January 29, 1916, 
 made by the Lord Chancellor under the Increase 
 of Rent and Mortgage Interest (War Restrictions) 
 Act, 1915 (5 & 6 Geo. o, c. 97). 
 
 Preliminary . 
 
 The following Rules under the Increase of Rent and Mort- 
 gage Interest (War Restrictions) Act, 1915 (in these Rules 
 referred to as the Act), shall apply to the County Courts and to 
 the City of London Court, which shall for the purposes of these 
 Rules be deemed to be a county court. 
 
 Rule 3 of these Rules, as to applications under the Courts 
 (Emergency Powers) Act, 1914, shall apply also to the High 
 Court; and the rules made under that Act shall have effect 
 subject to that Rule. 
 
 These Rules may be cited as the Increase of Rent and Mort- 
 gage Interest (War Restrictions) Rules, 1916, and shall come 
 into operation on the fourteenth day of February, 1916. 
 
 Applications under Section 1, subsection 1, proviso (iii.); 
 Section 1, subsection 4, pi-oviso 2; or Section 2, subsection 3. 
 1 . An application to the county court under the Act — 
 
 a' to determine any question as to the increase of rent 
 of a dwelling house to which the Act applies, pur- 
 suant to proviso (iii.) to subsection 1 ol section 1; 
 or 
 (V to apportion the rent, or rateable value of the property 
 in which any dwelling houso to which the Act 
 applies is comprised, pursuant to subsection 3 of 
 section 2, 
 may be made to tlu rourl in the district of which ih" dwelling 
 house is situate.
 
 2. 1 An application to the county court under the Act 
 1'or an order authorising a mortgagee to call in and enforce a 
 mortgage of a Leasehold interest to which the Act applies, pur- 
 suant to the Becond proviso to subsecl ion 4 of section 1, may be 
 made — 
 
 (a) to the court in the district of which the mortgaged 
 
 property is situate; or 
 
 (b) to the court in the district of which the mortgagor 
 
 resides or carries on business; or 
 
 i the mortgagee resides or carries on business in the 
 
 district of any court mentioned in section 84 of the 
 
 County Courts Act, 1888, and the mortgagor resides 
 
 or carries on business in the district of any other court 
 
 mentioned in the said section, either to the court in 
 
 the district of which the mortgagee resides or carries 
 
 on business, or to the court in the district of which the 
 
 mortgagor resides or carries on business. 
 
 3.- — (1) Subject to the provisions of this Rule, the Courts 
 
 (Emergency Powers) Rules, 1914, and the County Courts 
 
 (Emergency Powers) Rules, 1914, as to applications to the High 
 
 Court or to the county court for leave to foreclose or realize any 
 
 security to which the Courts (Emergency Powers) Act, 1914, 
 
 applies, shall cease to apply to mortgages of leasehold interests 
 
 to which the Increase of Rent and Mortgage Interest (War 
 
 (Restrictions^ Act, 1915, applies: and this Rule shall apply in 
 
 lieu thereof. 
 
 L The Rules referred to are now replaced respectively by the 
 Courts (Emergency Powers) Rules, 1918, and the Consolidated 
 County Courts 'Emergency Powers) Rules. 1 9 1 8. By Rule 3 (2) (b) 
 of the former applications to foreclose or realise in respect of 
 mortgages of leasehold interests to which the Increase of Rent, &c. 
 Act, 1915, applies are to he made to the < 'ounty Court.] 
 
 2 An application under the last preceding Rule for an order 
 authorizing a mortgagee to call in and enforce a mortgage of a 
 leasehold interest shall if and so far as an application for leave 
 to foreclose or realize the security is required under the Courts 
 (Emergency Powers) Act, 1914, be deemed to he also an appli- 
 cation for leave to foreclose or realize the security under that 
 Act, and no separate application under that Act shall be 
 necessary . 
 
 (3) If during the progress of the proceedings on any such 
 application ii shall be made to appear to the court that the 
 mortgage is one to which the Increase of Rent and Mortgage 
 Interest (War Restrictions) Act, 1915, does not apply, but that 
 leave to realize or enforce the security is required under the
 
 53 
 
 Courts v Emergency Powers) Act. 1914, and that the amount of 
 the principal sum secured hj the mortgage does not exceed five 
 hundred pounds, the application may proceed in the county 
 court as an application for leave to foreclose or realize the 
 security under the last mentioned Act and the County Courts 
 (Emergency Powers) Rules, 1914, and those rules shall apply 
 accordingly ; but if the amount of the principal sum secured by 
 the mortgage exceeds five hundred pounds the application shall 
 not proceed under the last mentioned Act, unless the respondent 
 consents to the county court having jurisdiction in the matter, 
 in which case the court shall have jurisdiction to deal with the 
 application as an application for leave to foreclose or realize 
 the security under the last mentioned Act and Rules, and those 
 Rules shall apply accordingly. 
 
 [The Rules referred to are now the Consolidated County Courts 
 (Emergency Powers) Rules. 1918.] 
 
 (4) If it shall be made to appear to the court that the mort- 
 gage is one to which neither of the above mentioned Acts 
 applies, the application shall be struck out. 
 
 4. An application under these Rules shall be made by means 
 of a summons according to such one of the forms in the Appen- 
 dix as shall be applicable to the case, entitled " In the Matter 
 of the Increase of Rent and Mortgage Interest (War Restric- 
 tions) Act, 1915." 
 
 ~P reparation, Filing, &c. of Summonses. 
 
 5 . The summons shall be prepared by the applicant and filed 
 with the registrar, with as many copies as there are parties to be 
 served: Provided that any summons, with the necessary copies, 
 may, if the registrar so thinks fit, be prepared in his office: and 
 the registrar shall examine, complete, seal, and sign the sum- 
 mons and copies, and return the copies to the applicant for 
 service . 
 
 Service and Substituted Service. 
 
 6. — (1) The summons shall be served on every person affected 
 thereby four clear days at least before the day fixed for the 
 hearing of the summons, unless the judge or registrar gives 
 leave for shorter service. 
 
 [2 Service >shall lie <i!'ici id in ;n, ordanoe with the provisions 
 of Order LIV.', Rules 2 and 3, of the County Court Rules as to 
 service of notice of an interlocutory application. 
 
 3 The practice of the courteafl to substituted servioe of 
 summonses and notices shall apply to summonses undter these 
 Rules.
 
 54 
 
 Applications to Registrar. 
 
 7. Any application under these Rules inay be made to the 
 registrar, subject to the following provisions: — 
 
 (a) The registrar maj in any case, and shall on the appli- 
 cation of either party, made on the hearing of the 
 application, and before the registrar has given his 
 decision, refer the matter to the judge: 
 
 (b; The judge ma}' vary or rescind any determination or 
 order made by the registrar, and may make such 
 determination or order as may be just: 
 
 (o) An application for variation or rescission shall be made 
 on notice in writing in accordance with the County 
 Court Rules as to interlocutor}- applications; and the 
 notice shall be tiled within four clear days from the 
 date of the determination or order of the registrar, 
 and if it is not so filed no such application shall be 
 allowed to be made without leave of the judge. 
 
 Evidence, in Support of Application. 
 
 8. No affidavit in support of the application shall be used, 
 except by leave of the court, but the court shall hear oral 
 evidence tendered by either party. 
 
 Power to hear Cases in Private. 
 
 9. The court may at any stage of the proceedings on an 
 application under the Act order that the case shall thence- 
 forward be heard in private. 
 
 Transfer of Proceedings. 
 
 10. If during the progress of the proceedings on any applica- 
 tion it shall be made to appear to the judge that the 6ame could 
 be more conveniently heard in some other court, it shall be 
 competent to the judge to transfer the same to such other court; 
 and in any such case the provisions of section 85 of the County 
 Courts Act, 1888, and of Order VIII., Rule 9, of the County 
 Court Rules shall apply.
 
 55 
 
 Determination of Questions submitted: 
 
 11. On the hearing of the application, or at any adjournment 
 thereof, the court, on proof of the service of the summons, if 
 the respondent docs not appear, shall — 
 
 (a) determine the question as to the increase of rent of the 
 
 dwelling house; or 
 
 (b) apportion the rent or rateable value of the property in 
 
 which the dwelling house is comprised; or 
 
 (c) make or refuse an order authorising the mortgagee to 
 
 call in or enforce the mortgage; or 
 
 (d) make such other determination or order in the matter as 
 
 the court shall think fit. 
 
 Power to impose Conditions. 
 
 12. On an application for an order authorising a mortgagee 
 to call in and enforce a mortgage, the court may, after con- 
 sidering all the circumstances of the case and the position of all 
 the parties, make or refuse to make the order subject to such 
 conditions as the court may think fit. 
 
 Certificates or Orders on Applications. 
 
 13. When the court has given its decision on any application, 
 a certificate of the determination of the court, or, in the case of 
 an application for an order authorising a mortgagee to call in 
 and enforce a mortgage, an order in accordance with the decision 
 of the court, shall be prepared and sealed and signed by the 
 registrar, and duplicates thereof shall be delivered to the bailiff, 
 who shall within twenty-four hours send the same, by post or 
 otherwise, to the parties; but it shall not be necessary for the 
 party in whose favour a certificate or order is made to prove, 
 previously to taking proceedings thereon, that it was posted or 
 reached the opposite party. 
 
 Revocation or Variation of Orders. 
 
 14. Any determination or order made under the Act and these 
 Rules may, should subsequent circumstances render it just so 
 to do, be suspended, discharged, or otherwise varied by the 
 court in which the determination or order was made, on appli- 
 cation made on notice in writing in accordance with the Country 
 Court Rules as to interlocutory applications.
 
 .'»«; 
 
 General Provisions as to Procedure on Applications. 
 
 15. Subject to the provisions of the Act and these Rule^ the 
 practice and procedure of the court in an action, and in par- 
 ticular the praet ice and procedure with respect to the summoning 
 of witnesses, and on an application for the apportionment of 
 rent or rateable value, or for an order authorising a mortgagee 
 to call in and enforce a mortgage, with respect to discovery and 
 inspection of documents, shall, with the necessary modifica- 
 tions, apply to proceedings on an application under the Act., 
 
 16. — (1) The following fees shall be payable under Schedule 
 B, Part I., of the Treasury Order regulating Fees in the County 
 Courts, on applications under the Act and these Rules, in lieu 
 of all other fees on such proceedings, viz.: — 
 
 On an application for the determination of a question 
 as to the increase of rent of a dwelling house — 
 6d. in tho £ or part of a £, calculated on 
 
 4 weeks' standard rent of the dwelling house, s. d. 
 
 but not exceeding 2 6 
 
 On an application for the apportionment of rent or 
 
 rateable value 10 
 
 On an application for an order authorising a mort- 
 gagee to call in and enforce a mortgage 20 
 
 The foregoing foes shall include drawing, sealing, and issuing 
 the certificate or order, and the fee prescribed by paragraph 12 
 of Part I. of Schedule B of the Fees Order shall not be taken. 
 
 (2) On summonses to witnesses, the fees prescribed by 
 Schedule A of the Fees Order shall be taken. 
 
 (3) On applications for discovery or inspection of documents, 
 and on applications for variation of certificates or orders, the 
 fees prescribed by paragraphs 10 and 12 of Part I. of Schedule 
 B of the Fees Order shall be taken. 
 
 (4) The court may remit or excuse in whole or in part any 
 fee paid or payable under this Rule. 
 
 Costs. 
 
 17. — (1) The costs of any application under the Act and 
 these Rules shall be in the absolute discretion of the court. 
 
 (2) The court may either fix the amount of such costs, or 
 allow them on the scale applicable to an interlocutory applica- 
 tion in an action for an amount equal to — 
 
 (a) in t ho case of a question as to the increase of rent, the 
 amount on which foes are payable under Rule 16; or
 
 ■Ji 
 
 (b) in the case of an application to apportion rent or rate- 
 able value, one-half of the annual rent or rateable 
 value apportioned to the dwelling house; or 
 
 (e) in the case of an application for an order authorising a 
 mortgagee to call in and enforce the mortgage, the 
 amount of the principal sum secured: Provided that 
 Column B of the Scale shall apply in all cases above 
 twenty pounds, to the exclusion of Column C. 
 
 (3) Where the amount does not exceed ten pounds, there may 
 be allowed for all work done by a solicitor in relation to the 
 application — 
 
 s. d. 
 If the amount exceeds £2 but does not exceed £6... 6 8 
 If the amount exceeds £5 but does not exceed £10... 10 
 
 (4) The court may direct that any costs allowed shall be pay- 
 able by the opposite party, or, in the case of an application for an 
 order authorising a mortgagee to call in and enforce a mortgage, 
 that they shall be included in the security ; and any order direct- 
 ing payment of costs shall be included in the certificate or order, 
 and shall be enforceable in the same manner as an order for 
 payment of costs made in an action. 
 
 Forms. 
 
 18. — (1) The forms in the Appendix hereto, with such modi- 
 fications as may be necessary, shall be used for summonses, cer- 
 tificates and orders under the Act and these Rules. 
 
 (2) The registrar of any court may apply to the Treasury 
 for any of the said forms to be printed and supplied to him, and 
 if the application is granted may obtain such forms and supply 
 the same without charge for the use of parties requiring the 
 same. 
 
 Proceedings for the Recovery of Rent or Mortgage Interest, 
 or for the Recovery of Possession of Tenements or Eject- 
 ment of Tenants. 
 19. Where proceedings are taken in the county court for 
 the recovery of rent of any dwelling house to which the Act 
 applies, or of interest on a mortgage to which the Act applies, 
 or for the recovery of possession of any dwelling house to which 
 the Act applies, or for the ejectment of a tenant from any such 
 dwelling house, the court shall, before making an order for the 
 recovery of such rent or interest, or for recovery of possession or 
 ejectment, satisfy itself that such order may properly be made, 
 regard being had to the provisions of sect ion 1 ofthe Act
 
 .08 
 
 20. An application to the court for the rescission or varia- 
 tion, pursuant to sub-section 3 of section 1 of the Act, of an 
 order for recovery of possession or ejectment made but not 
 executed before the passing of the Act, may be made on notice 
 in writing in accordance with the County Court Rules as to 
 interlocutory applications. 
 
 The 29th day of January, 1916. 
 
 Buclanaster, O. 
 
 We, the undersigned, two of the Commissioners of His 
 Majesty's Treasury, do hereby, with the consent of the Lord 
 Chancellor, order that the several fees specilied in Rule 16 of 
 the foregoing Rules shall be taken on the proceedings therein 
 mentioned, in lieu of all other fees for the proceedings therein 
 set forth. 
 
 Geo. II. Roberts. 
 Geoffrey Howard. 
 
 I concur in the above order as to fees. 
 The 4th day of February, 1916. 
 
 Buckmaster, C.
 
 59 
 
 APPENDIX. 
 
 1. 
 
 Summons for Determination of Question as to Increase of Rent. 
 
 In the County Court of , holden at 
 
 In tlio Matter of the Increase of Rent and Mortgage 
 
 Interest (War Restrictions) Act, 1915. 
 
 No. of Application 
 Between 
 A.B. 
 
 (address and 
 
 description) Applicant, 
 
 and 
 CD. 
 
 (address and 
 
 description) Respondent. 
 
 To 
 of 
 
 Take Notice, that you are hereby summoned to attend this 
 Court on , the day of , at the hour of 
 
 in the noon, on the hearing- of an application on the part 
 
 of , of , for the determination, pursuant to the 
 
 above-mentioned Act, of a question which has arisen as to the 
 increase of rent of a certain dwelling house [or of part, that is to 
 6ay (here specif// the part) , of a certain dwelling house], 
 
 to which the said Act applies, situate at , and known as 
 
 , of which the applicant is the tenant and you the 
 respondent, are the landlord [or of which you the respondent are 
 the tenant and the applicant is the landlord], on the 
 
 transfer to the tenant of certain burdens and liabilities previously 
 borne by the landlord [or in respect of the transfer to the landlord 
 of certain burdens and liabilities previously borne by the tenant], 
 and for an order providing for the costs of the 
 application 
 
 And further take Nottce, that if you do not attend in person 
 or by your solicitor at the time and place above mentioned such 
 proceedings will be taken and determination made as the Court 
 may think just. 
 
 Dated thia day of , 19 . 
 
 By the Court, 
 
 Registrar. 
 To (the respondent, 
 naming him).
 
 60 
 
 Simmons for Order authorising Mortgagee to call in and enforce 
 
 Mortgage. 
 
 In the County (Joint of , holden at 
 
 In the Matter of the Increase of Rent and Mortgage 
 Interest (War Restrictions) Act, 1915. 
 
 No. of Application 
 Between 
 A.B. 
 
 (address and 
 
 description) Applicant, 
 
 and 
 CD. 
 
 (address and 
 
 description) Respondent. 
 
 To 
 of 
 
 Take Notice, that you are hereby summoned to attend this 
 Coun; on , the day of , at the hour of 
 
 in the noon, on the hearing of an application on 
 
 the part of of , for an order that, notwithstanding 
 
 the provision** of the above-mentioned Act, the said may 
 
 be at liberty to call in and enforce a certain mortgage to which 
 the said Act applies, dated the day of , granted 
 
 by you the respondent to the applicant [or to and assigned 
 
 by him to the applicant] on certain leasehold property situate at 
 , and known as , on the ground that the security 
 
 is seriously diminishing in value or is otherwise in jeopardy, 
 and that for that reason it is reasonable that the mortgage should 
 be called in and enforced, and for an order providing for 
 
 the costs of the application. 
 
 And further take Notice, that if you do not attend in person 
 or by your solicitor at the time and place above mentioned such 
 proceedings will be taken and order made as the Court may 
 think just. 
 
 Dated this day of , 19 . 
 
 By the Court, 
 
 Registrar . 
 To (the respondent, 
 naming him).
 
 61 
 
 Summons for Apportionment of Rent or Rateable Value of 
 Property. 
 
 In the County Court of , holdeu at 
 
 In the Matter of the Increase of Eent and Mortgage 
 Interest (War Restrictions) Act, 1915. 
 
 No. of Application 
 Between 
 A.B. 
 
 (address and 
 
 description) Applicant, 
 
 and 
 CD. 
 
 (address and 
 
 description) Respondent, 
 
 To 
 of 
 
 Take Notice, that you are hereby summoned to attend this 
 Court on , the day of , at the hour of 
 
 in the noon, on the hearing of an application on 
 
 the part of , of , for the apportionment of the 
 
 rent on the 3rd day of August, 1914 [or (if the property was last 
 let before or first let after the 3rd August, 1914, insert the date 
 at which it tvas so let; see Act, Section 2 (1) (a) ] [or the 
 
 rateable value on the 3rd day of August, 1914 [or (if the property 
 was first assessed after that date, insert the date at which it was 
 first assessed) ]] of certain property situate at 
 
 , and known as , and comprising a certain 
 
 dwelling house [or part, that is to say (here specify the part) 
 of a certain dwelling house] situate at , and 
 
 known as , for the purpose of determining the 
 
 standard rent [or the rateable value] of the said dwelling house [or 
 of the above-mentioned part of the said dwelling house] for the 
 purposes of the above-mentioned Act, and for an order 
 
 providing for the costs of the application. 
 
 And further take Notice, that if you do not attend in person 
 or by your solicitor at the time and place above mentioned such 
 proceedings will be taken and determination made as the Court 
 may think just. 
 
 Dated this day of ,19 . 
 
 By the Court, 
 
 Registrar. 
 
 To (the respondent, 
 naming him).
 
 62 
 
 Certificate on Application for Determination of Question as to 
 Increase of Rent. 
 
 In the County Court of , holdcn at 
 
 In the Mutter of the Increase of Rent and Mortgage 
 Interest (War Restrictions) Act, 1915. 
 
 No. of Application 
 Between 
 A.B. 
 
 (address and 
 
 description) Applicant, 
 
 and 
 CD. 
 
 (address and 
 
 description) Respondent. 
 
 On the application of , and upon hearing , 
 
 This Court, doth pursuant to the above-mentioned Act 
 determine — 
 
 (a) that as the result of the transfer to the applicant, A.B., 
 [or the respondent, CD., ] the tenant 
 
 of a certain dwelling house [or of part, that is to say 
 (here specifij the part) of a certain dwelling 
 
 house] to which the said Act applies, situate at , 
 
 and known as , of the following burdens and 
 
 liabilities formerly borne by the respondent, CD., 
 [or by the applicant, A.B., ] the land- 
 
 lord, that, is to say (here specif// the burdens and 
 liabilities transferred) , the terms on which 
 
 the said promises are held arc on the whole less favour- 
 able to the tenant than the previous terms, ami that 
 the rent of the said premises lias thereby been 
 increased for the purposes of the said Act by the 
 sum of a week 'or arc on the whole not less 
 
 favourable to the tenant than the previous terms, and 
 that the rent of the said premises has not been 
 incj eased for the purposes of the said Act]: 
 [or (b) that as the result of the transfer to the applicant, A.B., 
 [or the respondent, CD., ] (he land- 
 
 lord of a certain dwelling house [or of part, that is to 
 fay {here specif// the f.art) of a certain 
 
 dwelling house] to which the said Act applies, situate 
 at , and known as , of the 
 
 following bunions and liabilities previously borne by 
 tho respondent, CD., 'or the applicant, A.B., 
 
 ], the tenant, that is to say (here specify
 
 63 
 
 the burdens and liabilities transferred) , and 
 
 the increase of rent in respect of such transfer, the 
 terms on which the said premises are held are on tho 
 whole more favourable to the tenant than the previous 
 terms, and that the increase of rent in respect of such 
 transfer is to be deemed not to be an increase of rent 
 for the purposes of the said Act [or are on the wholo 
 less favourable to the tenant than the previous tonus, 
 and that the increased rent in respect of such transfer 
 is to be deemed to bo an increase of rent for tho 
 purposes of the said Act to the extent of a 
 
 week]] 
 
 [or as the case may be]. 
 
 [Add, if so ordered, 
 
 And it is ordered that the respondent, CD., [or tho 
 
 applicant, A.B., ] do, on or before the day of 
 
 , 19 , pay to the applicant, A.B., [or to tho 
 
 respondent, CD., ] his costs of this application, which 
 
 are hereby allowed at the sum of £ ]. 
 
 Dated this day of , 19 
 
 By tho Court, 
 
 Registrar. 
 
 To (the applicant 
 and respondent, 
 naming them). 
 
 Order on Application for Order authorising Mortgagee to call in 
 and enforce Mortgage. 
 
 In the County Court of , holden at 
 
 In tho Matter of the Increase of Rent and Mortgage 
 
 Interest (War Restrictions) Act, 1915. 
 
 No. of Application 
 
 Between 
 A.B. 
 
 (address and 
 
 description) Applicant, 
 
 find 
 CD. 
 
 (address and 
 
 description) ■ Respondent. 
 
 On the application of , and upon hearing , 
 
 This Court being satisfied that tho security of tho applicant oa 
 
 E 2
 
 64 
 
 certain leasehold property situate at , and known as 
 
 , under a certain mortgage to which the above-mentioned 
 Act applies, dated the day of , granted by the 
 
 respondent to the applicant [or to , and assigned by him 
 
 to the applicant], is seriously diminishing in value, or is other- 
 wise in jeopardy, and that it is reasonable that the said mortgage 
 should be called in and enforced, doth pursuant to the above- 
 mentioned Act order that notwithstanding the provisions of the 
 said Act the applicant, A.B., be at liberty and he is 
 
 hereby authorised to call in and enforce the said mortgage. 
 
 [If any conditions imposed, add subject, to the following con- 
 ditions, that is to say: — 
 
 ]• . 
 [Or, It is ordered that the application of the applicant, A.B.; 
 
 for an order authorising him to call in and enforce a 
 certain mortgage to which the above-mentioned Act applies, on 
 certain leasehold property situate at and known as , 
 
 dated the day of , 19 , granted by the respon- 
 
 dent, CD., to the applicant, A.B. \or to , and 
 
 assigned by him to the applicant, A.B., ] be and the same 
 
 is hereby dismissed. 
 
 [Add, if so ordered, 
 
 And it is ordered that the applicant, A.B., be allowed 
 
 as against the respondent, CD., his costs of this applica- 
 
 tion, which are hereby allowed at the sum of £ 
 
 And it is ordered that the said sum of £ be added to the 
 
 security created by the said mortgage [or that the respondent, 
 CD., do pay the said sum of £ to the applicant, 
 
 A.B., on or before the day of , 19 
 
 [Or, And it is ordered that the applicant, A.B., do, on 
 
 or before the day of , 19 , pay to the respondent, 
 
 CD., his costs of this application, which are hereby 
 
 allowed at the sum of £ .] 
 
 Dated this day of , 19 . 
 
 To 
 
 (the applicant 
 and respondent, 
 nam in q them). 
 
 By the Court, 
 
 Registrar.
 
 65 
 
 6. 
 
 Certificate on Application for Apportionment of Rent or Rateabls 
 
 Value. 
 
 In the Matter of the Increase of Kent and Mortgage 
 Interest (War Restrictions) Act, 1915. 
 
 No. of Application 
 Between 
 A.B. 
 
 (address and 
 
 description) Applicant, 
 
 and 
 CD. 
 
 [address and 
 
 description) Respondent. 
 
 On the application of , and upon hearing , 
 
 This Court, for the purpose of determining the standard rent 
 [or rateable value] of a certain dwelling house [or of part, that is 
 to say (here specify the part) of a certain dwelling house] 
 
 to which the above-mentioned Act applies, situate at , 
 
 and known as , and comprised in a certain property 
 
 known as , doth pursuant to the above-mentioned 
 
 Act declare that the rent at which the said property was let on 
 the 3rd day of August, 1914 [or if the property was lust let before 
 that date or first let after that date, on the day of , 
 
 19 (the date on which it was so let)}, shall be apportioned 
 between the said dwelling house [or the said part of the said 
 dwelling house] and the rest of the said property as follows, 
 viz.: — 
 
 £ to the said dwelling house [or the said part of the 
 
 said dwelling house]; and 
 £ to the remainder of the said property. 
 
 [or doth pursuant to the above-mentioned Act declare that the 
 rateable value of the said property on the 3rd day of August, 
 1914 [or if the property was first assessed after that date on the 
 day of , 19 (the date on which it teas first 
 
 assessed)], shall be apportioned between the said dwelling house 
 r or the said part of the said dwelling house] and the rest of tho 
 said property as follows, viz.: — 
 
 £ to the said dwelling house r or the said pari of the 
 
 said dwelling house]; and 
 £ to the remainder of the said property. 
 
 [Add, if so ordered, 
 
 And it is ordered that the respondent, CD., or the 
 
 applicant, A.B., ] do, on or before the day of
 
 66 
 
 , 19 , pay to the applicant, A.B., [or to the 
 
 respondent, CD., ] his costs of this application, which are 
 
 hereby allowed at tlio sum of 
 Dated this day of 
 
 •1 
 
 19 
 
 To 
 
 (the applicant 
 and respondent, 
 naming them). 
 
 By tho Court, 
 
 Registrar 
 
 Notice of Application for Suspension, Discharge, or Variation of 
 Determination or Order. 
 
 In the Matter of tho Increase of Rent and Mortgage 
 Interest (War Restrictions) Act, 1915. 
 
 In tho County Court of , holden at 
 
 No. of Application 
 
 Between 
 A.B. 
 
 (address and 
 
 description) Applicant, 
 
 and 
 CD. 
 
 (address and 
 
 description) Respondent. 
 
 Tak*3 Notice, that tho applicant, A.B., [or the respon- 
 
 dent, CD., ] intends to apply to the Judge of this Court 
 
 on , the day of , 19 , at tho hour of 
 
 in tho noon, to suspend [discharge or vary] the 
 
 determination [or order] mado in this matter on the day 
 
 of , 19 , whereby it was determined [or ordered or 
 
 declared] that (here recite determination or order) 
 
 and for an order providing for the costs of this application. 
 
 Axr> further take Notice, that the grounds of my intended 
 application are that the following circumstances have arisen since 
 tho dau> of tho said determination [or order] which render it just
 
 i.7 
 
 that tho said determination [or order] should be suspended [dis- 
 charged or variedj, viz.: — 
 
 (here set out circumstances) 
 
 Dated this day of , 19 . 
 
 (Signed) 
 
 Applicant [or Respondent], 
 [or Applicant's [or Respondent's] 
 
 Solicitor]. 
 To (the respondent or applicant, 
 naming him), 
 and to Messrs. 
 
 his solicitors, 
 and to tho Registrar of the Court. 
 
 8. 
 
 Order on Application for Suspension, Discharge, or Variation of 
 Determination or Order. 
 
 In tho Matter of tho Increase of Rent and Mortgage 
 Interest (War Restrictions) Act, 1915. 
 
 In the County Court of , holdon at 
 
 No. of Application 
 Between 
 A.B. 
 
 (address and 
 
 description) Applicant, 
 
 and 
 CD. 
 
 (address and 
 
 description) Respondent. 
 
 On tho application of for tho suspension [discharge or 
 
 variation] of the determination [or order] made in this matter on 
 tho day of , 19 , whereby it was determined [or 
 
 ordered or declared] that 
 
 (here recite determination or order) 
 
 and upon hearing , 
 
 It is ordered that tho said determination [or order] bo and tho 
 same is hereby suspended [or discharged or varied] as follows: — 
 (here set out terms of order for suspetision, discharge, or 
 variation)
 
 68 
 
 [Or, It is orderod that the application of the said bo 
 
 and the same is hereby dismissed.] 
 
 Add order as to costs, if any : see Form 6.] 
 
 Dated this day of , 19 . 
 
 By the Court, 
 
 Registrar. 
 To 
 
 (the applicant 
 and the respondent, 
 naming them).
 
 69 
 
 The Increase of Rent and Mortgage Interest (Restrictions) 
 Rules, 1919, dated 21 May, 1919, made by the Lord Chan- 
 cellor UNDER THE INCREASE OF RENT AND MORTGAGE INTE- 
 REST (Restrictions) Act, 1919. 
 
 County Courts, England. 
 
 1. The Increase of Rent and Mortgage Interest (War Restric- 
 tions) Rules, 1916 (herein referred to as the principal Rules), 
 shall with the necessary modifications apply to proceedings in 
 the County Courts or the City of London Court with respect to 
 houses or parts of houses or mortgages to which the Increase of 
 Rent and Mortgage Interest (War Restrictions) Act, 1915 (in 
 these Rules referred to as the principal Act), and the enactments 
 amending that Act are extended by the Increase of Rent and 
 Mortgage Interest (Restrictions) Act, 1919 (in these Rules re- 
 ferred to as the Act of 1919). 
 
 (2) In any such proceedings references in the said Rules to "the 
 Act " shall be construed as referring to the principal Act and the 
 enactments amending and extending the same; and the words 
 "and the enactments amending and extending the same" shall 
 be added in the forms in the Appendix to the said Rules after 
 the words "In the Matter of the Increase of Rent and Mortgage 
 Interest (War Restrictions) Act, 1915." 
 
 2. — (1) An application to the County Court under section 6 of 
 the Act of 1919 may be made to the Court in the district of which 
 the dwelling-house in relation to which the application is made 
 is situate. 
 
 (2r) Such application shall be made by means of a summons 
 according to the form in the Appendix. 
 
 (3) Particulars shall be appended or annexed to i!i<> sUvttinions 
 according to the form in the Appendix. 
 
 (4 I The provisions of the principal Rules as to an application 
 to determine any question a- to the increase of rent of a dwelling- 
 house shall apply to applications under this Rule, with the omis- 
 sion of the word " standard " in paragraph (1) of Rule 16. 
 
 (5) An order on an application under this Rule shall bo accord- 
 ing to the form in the Appendix. 
 
 3. These Rules may be cited as the Increase of Rent and Mort- 
 gage Interest (Restrictions) Rules, 1919, and shall be read and 
 construed with the principal Rules, and shall come into operation 
 on the 26th day of May, 1919. 
 
 The 21st day of May, 1919. 
 
 (Signed") Birkenhead, C.
 
 APPENDIX. 
 
 9. 
 
 Summons on Application under Section 6 of the Increase of Rent 
 and Mortgage Interest (Restrictions) Act, 1919. 
 
 In the County Court of , holden at 
 
 Iu the Matter of the Increase of Kent and Mortgage Interest 
 (War Restrictions) Act, 1915, and the enactments amending 
 and extending the same. 
 
 No. of Application 
 Between 
 
 A.B. 
 
 (address and 
 description) 
 
 and 
 
 Applicant, 
 
 CD. 
 
 (address and 
 description) 
 
 Take Notice, that you 
 Court on , the 
 
 of in the 
 
 on the part of 
 hereunto annexed. 
 
 And further take notice, that if you do not attend in person 
 or by your solicitor at the time and place above mentioned, such 
 proceedings will be taken and order made as the Court may think 
 just. 
 
 Dated this day of , 19 . 
 
 Respondent. 
 
 are hereby summoned to attend this 
 day of , 19 , at the hour 
 
 noon, on the hearing of an application 
 
 of , the particulars of which are 
 
 To (the respondent, 
 naming him). 
 
 By the Court, 
 
 Registrar. 
 
 Particulars. 
 
 [To be appended or annexed to summons and, if on separate paper, 
 with heading as in summons.] 
 
 1. On or about the day of , 19 , the respondent, 
 
 the occupier of a certain dwelling-house [or of part, that is to 
 say (here specify the part) of a certain dwelling-house] situate 
 at and known as and being a dwelling-house to 
 
 which the Increase of Rent and Mortgage Interest (War Restric- 
 tions) Act, 1915, and the enactments amending and extending 
 the same apply, let the said dwelling-house r or a part of the said
 
 71 
 
 dwelling-house, that is to say (here specify the part)} to 
 
 the applicant at a rout of a week [or a month, or as the 
 
 case may be] , which rent includes payment in respect of 
 
 furniture. 
 
 2. The applicant alleges that the rent charged for the premises 
 so let to him yields to the respondent a profit more than 25 par 
 cent, in excess of the profit which might reasonably have been 
 obtained from a similar letting in the year ending on the 3rd 
 day of August, 1914. 
 
 3. The applicant therefore applies to the Court under sect. 6 
 of the Increase of Rent and Mortgage Interest (Restrictions) Act, 
 1919— 
 
 (a) for a declaration that it is proved to the satisfaction of the 
 
 Court that the rent charged on the letting of the said 
 premises by the respondent to the applicant yields to 
 the respondent a profit more than 25 per cent, in excess 
 of the profit which might reasonably have been obtained 
 from a similar lotting in the year ending on the 3rd day 
 of August, 1914, and for an assessment by the Court of 
 the amount of such last-mentioned profit; and 
 
 (b) for an order that the said rent, so far as it exceeds such sum 
 
 as would yield such last-mentioned profit and 25 per 
 cent, thereon, shall be irrecoverable; and 
 
 (c) for an order that the amount of any payment of rent in 
 
 excess of such sum made by the applicant in respect of 
 any period after the passing of the said Act shall be 
 repaid to the applicant, and may, without prejudice to 
 any other mode of recovery, be recovered by the applicant 
 by means of deductions from any subsequent payment 
 of rent; and 
 
 (d) for an order providing for the costs of this application. 
 
 Dated this day of , 19 . 
 
 Applicant. 
 [or Applicant's Solicitor].
 
 n 
 
 10. 
 
 Order on Application under Section 6 of the Increase of Heat 
 and Mortgage Interest {Restrictions) Act, 1919. 
 
 In the County Court of , holdcn at 
 
 In the Matter of the Increase of Rent and Mortgage Interest 
 (War Restrictions) Act, 1915, and the enactments amonding 
 and extending the ^ame. 
 
 No. of Application 
 Between 
 A.B. 
 
 (address and 
 
 description) A pplicant, 
 
 and 
 CD. 
 
 (address and 
 
 description) Respondent. 
 
 On the application of for an order under section 6 of 
 
 the Increase of Rent and Mortgage Interest (Restrictions) Act, 
 1919, and upon hearing 
 
 The Court doth declare that it is proved to its satisfaction that 
 the rent charged on the letting by the respondent, the occupies 
 to the applicant of a certain dwelling-house [or a part, tha<t is to 
 say (here specify the part) of a certain dwelling-house] 
 
 situate at and known as and being a dwelling- 
 
 house to which the Increase of Rent and Mortgage Interest (War 
 Restrictions) Act, 1915, and the enactments amending and ex- 
 tending the same apply, at a rent of a week [or a month, 
 or as the case may be . which rent includes payment in 
 respect of the use of furniture, yields to the respondent a profit 
 more than 25 per cent, in excess of the profit which might reason- 
 ably have been obtained from a similar letting in the year ending 
 on the 3rd day of August, 1914, which last-mentioned profit is 
 hereby assessed by the Court at the sum of a week or a 
 month, or as the case mag be~]. 
 
 And it is ordered that the said rent to the extent of a 
 
 week T or as the case mag be] being the amount by which 
 
 the said rent exoeede the sum of per week "or as the case 
 
 mag be~\ , which would yield such last-mentioned profit 
 
 and 25 per cent, thereon, shall be irrecoverable. 
 
 And it is further ordered that the sum of , being the 
 
 amount of the payments of rent in excess of the said sum of 
 
 per week (or as the case mag be) made by the 
 
 applicant in respect of the period of the said letting after the 
 
 passing of the Increase of Rent and Mortgage Interest (Restric-
 
 r-i 
 
 tions) Act, 1919, shall be repaid to the applicant, and may, with- 
 out prejudice to any other method of recovery, be recovered by 
 the applicant by means of deductions from any subsequent pay- 
 ments of rent. 
 
 [Add, if so ordered — ■ 
 
 And it is ordered that the respondent do pay the said sum of 
 to the applicant on the day of [or by in- 
 
 stalments of for every days, the first payment to 
 
 be made on the day of ].] 
 
 [Add also, if so ordered — 
 
 And it is ordered that the respondent do on or before the 
 dav of pay to the applicant his costs of this application, 
 
 which are hereby allowed at the sum of 
 
 [Or, if application fails — 
 
 On the application of for an order under section li of 
 
 the Increase of Rent and Mortgage Interest (Restrictions) Act, 
 1919, and upon hearing 
 
 It is ordered that the said application be and the same is hereby 
 dismissed . 
 
 [Add directions, if any, as to costs].] 
 
 Dated this day of , 19 . 
 
 By the Court, 
 
 Registrar.
 
 74 
 
 INDEX. 
 
 Agricultural Work, 
 
 recovery of premises for, 37. 
 
 Appearance, 
 
 default of, 55. 
 
 Applications, 
 
 Court, (o what, 51, 52. 
 evidence in support, 54. 
 how made, 52. 
 procedure on, generally, 5G. 
 registrar, to, 54. 
 
 Apportionment 
 
 of rent or ratcablo value, 24, 51. 
 
 Arrears, 
 
 entry of irrecoverable, in rent hook, penalty for, 35. 
 
 Burdens, 
 
 transfer of, to tenant, 5, G, 13. 
 to landlord, 13. 
 
 Certificate, 
 
 preparation, &c. of, 55. 
 
 City of London Court, 51. 
 
 Conditions 
 
 on enforcement of mortgages, 55. 
 
 Costs, 5G.
 
 75 
 
 Courts (Emergency Powers) Acts, 
 
 application, to mortgages, 10, 21, 33. 
 
 County Court 
 
 to which applications made, 51, 52. 
 
 Drains, 13. 
 
 Duration of Acts, 32, 36. 
 
 Dwelling-Houses, 
 
 within what Act, 4, 25, 42. 
 
 Ejectment Order 
 
 made before Act, rescission or variation of, 19, 45, 58. 
 restriction on making, G, 7, 19, 37, 4G. 
 when obtainable, G, 19. 
 
 Equitable Charges, 8, 10, 28. 
 
 Equitable Mortgages, 29. 
 
 Evidence, 54. 
 
 Farm, 
 
 mortgage of, 28. 
 
 Fees, 5G. 
 
 Fine, 
 
 taking of, on lease, 6, 18, 33. 
 
 Flats, 2G. 
 
 Foreclosure, 21, 22, 23. 
 
 Forms, 57, 59 et seq. 
 
 Furnished Houses, 48, 49. 
 
 Ground Rents, 5, 30. 
 
 Hearing in Private, 54. 
 
 Houses, 
 
 what, within Act, 4, 2G, 43.
 
 7h 
 
 Improvements, 
 
 notice of, to bo given before rent raised, 16. 
 raising rent for, 5. 13. 
 
 Increased 
 
 interest not as a rule recoverable, 12, 40, 42, 48, 41. 
 rent not as a rule recoverable, 4, 5, 12, 40, 41, 43. 
 
 Instalments, 
 
 mortgage repayable by, 10, 22. 
 
 Interest 
 
 increased not recoverable, 12. 
 increased by notice before War, 15. 
 standard, 9, 24. 
 
 Ireland, 
 
 application of Act to, 31, 50. 
 
 "Key Money," 18. 
 
 Land, 
 
 what within Act. 25, 42 
 
 Land Charge, 25. 
 
 Land Transfer Acts. 
 charges under, 25. 
 
 Landlord, 
 
 restricted meaning of, 36, 1»>. 
 
 Lease, 
 
 fine on granting, 6, 18. 33. 
 
 Leaseholds, 
 
 mortgages of, when enforceable, 23. 
 
 procedure to enforce, 52. 
 
 Liability, 
 
 transfer of, to tenant, 5, 13. 
 to landlord, 13. 
 
 Lodgers, 
 
 Act not applicable to, 8, 26.
 
 77 
 
 Mortgages, 
 
 action on covenant, 21. 
 
 conditions on enforcement of, 55. 
 
 consent to enforcement of, 9, 20. 
 
 Courts (Emergency Powers) Acts, 10, 21, 23. 
 
 equitable, whether within Act, 8, 10, 28, 29. 
 
 foreclosure by, 20, 21, 23. 
 
 ground rents, 8, 30. 
 
 instalments, repayable by, 10, 22. 
 
 interest not to be increased, 11, 41, 43 
 
 raised before War, 15, 16. 
 leaseholds, 10, 23, 52. 
 personal occupation of mortgagor, 26. 
 possession, mortgagee in, 10, 22. • •• 
 taking of, by mortgagee, 21 
 receiver, appointment of, 21. 
 restrictions on enforcement of, 9, 20, 45. 
 sale by, 21. 
 standard interest, 23. 
 transfer of, 24, 25. 
 what within Act, 8, 21, 22, 23, 28, 29 
 
 Notice, 
 
 defects in, 17. 
 
 fresh, not necessary on change of tenant, 17. 
 
 when rent raised for improvements or rates, 16 
 
 Nuisance, 
 
 recovery of premises for, 18. 
 
 rPATION, 
 
 possession required by landlord for his own, 6, 7, 17, l°>. 
 36, 46. 
 
 r'.RS, 
 
 ejectment, restriction on making, 18, 36, 4»> 
 
 making of, 55, 57. 
 
 ocation or variation of, 55, 
 
 Kiim'aid Rent on Interest, 
 recovery of, 33, 34, 38
 
 78 
 
 I OSSBSSION, 
 
 mortgage*; id, vsale by, 10, 2U 
 mortgagor in personal, 26 
 recovery of. by landlord, 6, 18, 86—88. 46 
 by mortgagee. 21 . 
 
 Premium on Lease, 6, 17, 33 
 
 Private. 
 
 hearing in, 54. 
 
 procedure on applications, 66. 
 
 Progressive Rents, 49 
 
 public-house 
 
 within the Acts. 26 
 
 PllKCHASER, 
 
 restriction* on ejectment bv 6. 7. 20. 36 — 38. 46 
 
 h AISING 
 
 interest, meaning of, 3 
 
 restriction on, 9, 11, 43. 
 rent, meaning of, 2. 
 
 restriction on, 4, 5, 11, 43. 
 
 when allowed, 5, 12—17. 40. 44. 
 
 Rateable Value, 
 meaning of, 25. 
 sometimes constitutes standard rent, 45. 
 
 Kates, 
 
 notice to be given when rent raised for. 16. 
 raising rent for increased, 14, 15. 
 
 Receiver, 
 
 appointment of, 21 
 
 Recovery, 
 
 fine or premium, 17. 
 
 overpaid rent or interest, 33, 34, 38. 
 
 possession by landlord, 18. 
 by mortgagee, 21 
 Registrar, 
 
 applications to, 54. 
 
 reference to judge, 54. 
 
 rescission by judge, 54.
 
 79 
 
 Kent, 
 
 increase of, not recoverable, 4, 5, 12, 43. 
 
 ground, 5, 30. 
 
 less than two-thirds of rateable value, 5, 29. 30, 35. 
 
 standard, 23, 24, 45, 49. 
 
 when increase allowed, 5, 12 — 17, 40, 44. 
 
 REPAIRS, 
 
 how far ground for raising rent, 6, 12, 13, 14. 
 
 Rescission 
 
 of ejectment order, 17, 37, 58. 
 orders, 55. 
 
 Respondent, 
 
 non-appearance of, 55. 
 
 Revocation of Orders, 55. 
 
 Room, 
 
 single, may be dwelling-house, 26, 47. 
 furnished, 48, 49. 
 
 Rules, 
 
 authority to make, 30. 
 
 Sau b-? Mortgagee, 20, 21 
 
 Scotland, 
 
 application of Act to, 30, 31, 50. 
 
 Service of Summons, 53. 
 
 Shop, 
 
 whether within the Act, 26. 
 
 " Small Dwelling-House," 4 
 
 Standard 
 
 rate of interest, 9, 24. 
 rent, 23, 24, 45, 49. 
 
 statement as to, 46 
 
 Street Improvements, 
 raising rent for, 13.
 
 80 
 
 StROCTURAL A [/TERATIONS, 
 
 raising rent for, 13. 
 
 substituted service, 515 
 
 Summons, 
 
 forms of, 57, 70. 
 preparation and filing of, 53 
 service of, 53 
 
 Termination of the War," 11, 39. 
 
 Transfer, 
 
 mortgage 24, 25. 
 
 proceedings, 54 
 
 Waste, 
 
 lecovery of premises on account of, 7, 18 
 
 Water Rents and Charges, 14 
 
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