Rawle) (London, 1897); McAdam, Rights, Remedies and Liabilities of Landlord and Tenant (New York, 1900); Wood, Law of Landlord and Tenant (New York, 1888).
The law of landlord and tenant was originally substantially the same as that described for England is.
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 law of Scotland as to landlord and tenant may be considered under two main heads: - I.
If let on share-profit, the landlord and tenant shared the loss proportionately to their stipulated share of profit.
The relationship of landlord and tenant may be altered either voluntarily, by the act of the parties, or involuntarily, by the operation of law, and may also be dissolved.
Foreign and Colonial Laws: Field, Landholding and the relation of Landlord and Tenant in various Countries; Ruling Cases (American Notes), (London and Boston, 1894-1901).
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.
In 1886, however, it was enacted that no such extraordinary charge shall be levied on any such grounds so newly cultivated in future; the capital value of the existing charges was assessed, and the payment of interest thereon was made a rent charge on the land payable in priority to all other charges until its redemption, and recoverable in the same way as ordinary rent charge and exempt from all rates, charges and assessments: the charge was redeemable at the capital value, and, saving existing contracts, it was as between landlord and tenant payable by the landlord, any agreement to the contrary notwithstanding; and it is not subject to the Tithe Act of 1891.
Irish Law: Kelly's Statute Law of Landlord and Tenant in Ireland (Dublin, 1898); Barton and Cherry's Land Act 1896 (Dublin, 1896); Quill, Hamilton and Longworth, Irish Land Acts of 1903 and 1904 (Dublin, 1904).