But where, at the time of the making of the agreement, the landlord is not absolute owner of the holding for his own benefit, no charge shall be made on the holding, under this Act, by virtue of the agreement, greater than or different in nature or duration from the charge which might have been made thereon under this Act in the absence of the agreement.
REMARKS.
Landlord's charge for money paid where absolute owner.After payment of compensation, a charge can be obtained upon the holding on application to the county court of the district. This then becomes a charge upon the holding, and could be enforced against a subsequent tenant till such instalments were paid. Inasmuch as a charge is one on the holding, an incoming tenant, before agreeing with his landlord, should ascertain from the district county court what amount of charge there is upon the holding.
It is submitted that in yearly tenancies the simplest course for landlord to adopt, upon paying for the improvement, will be to increase the rent such sum as the improvement adds to the yearly letting value of the holding.
