But the abolition of the law of hypothec in 1879 - under which the landlord had a lien for rent upon the produce of the land, the cattle and sheep fed on it, and the live stock and implements used in husbandry - the Ground Game Act of 1880, the sevekal Agricultural Holdings Acts, and the construction of light railways improved matters and established a better understanding.
In Roman Law, the relationship of landlord and tenant arose from the contract of letting and hiring (locatio conductio), and existed also with special incidents, under the forms of tenure known as emphyteusis - the long lease of Roman law - and precarium, or tenancy at will (see Roman Law).
The principal mode of voluntary alteration is an assignment either by the tenant of his term or by the landlord of his reversion.
You could sit up as late as you pleased, and, whenever you got up, go abroad without any landlord or house-lord dogging you for rent.
An assignment which creates the relationship of landlord and tenant between the lessor or lessee and the assignee, must be by deed, but the acceptance by a landlord of rent from a tenant under an invalid assignment may create an implied tenancy from year to year; and similarly payment of rent by a tenant may amount to an acknowledgment of his landlord's title.
The legal relationship of landlord and tenant is constituted by a lease, or an agreement for a lease, by assignment, by attornment and by estoppel.
The decisions on the point are numerous and difficult to reconcile, but the main test is whether, on the true construction of the particular covenant, the lessee has undertaken to indemnify the landlord against payments of all kinds.
Scots Law: Hunter, on Landlord and Tenant (Edinburgh, 4th ed., 1876); Rankine, on Land Ownership (Edinburgh, 3rd ed., 1891); Rankine, on Leases (Edinburgh, 2nd ed., 1893); Hunter, Landlord and Tenant (4th ed.
Compensation was given to market gardeners for unexhausted improvements by the Market Gardeners' Compensation Act 1895 and by the Agricultural Holdings Act 1906 for improvements effected before the commencement of that act on a holding cultivated to the knowledge of the landlord as a market garden, if the landlord had not dissented in writing to the improvements.
This obligation makes the landlord responsible for any lawful eviction of the tenant during the term, but not for wrongful eviction unless he is himself the wrongdoer or has expressly made himself responsible for evictions of all kinds.