Online Encyclopedia
Search over 40,000 articles from the original, classic Encyclopedia Britannica, 11th Edition.
LODGER AND LODGINGS
Online EncyclopediaEncyclopedia Home :: LOB-LUP
del.icio.us it!
|
LODGER AND LODGINGS . The See also:term " lodger " (Fr. loggr, to See also:lodge) is used in See also:English See also:law in several slightly different senses. It is applied (i.) most frequently and properly to a See also:person who takes furnished rooms in a See also:house, the landlord also residing on the premises, and supplying him with attendance; (ii.) sometimes to a person, who takes unfurnished rooms in a house finding his own attendance; (iii.) to a boarder in a boarding-house (q.v.). It is with (i.) and (ii.) alone that this See also:article is concerned. Where furnished apartments are let for immediate use, the law implies an undertaking on the See also:part of the landlord that they are See also:fit for habitation, and, if this See also:condition is broken, the See also:tenant may refuse to occupy the premises or to pay any See also:rent. But there is no implied See also:contract that the apartments shall continue fit for habitation; and the See also:rule has no application in the See also:case of unfurnished lodgings. In the See also:absence of See also:express agreement to the contrary, a lodger has a right to the use of everything necessary to the enjoyment of the premises, such as the See also:door See also:bell and knocker and the skylight of a See also:staircase. Whether the rent of apartments can be distrained for by the immediate landlord where he resides on the premises and supplies attendance is a question the See also:answer to which is involved in some uncertainty. The See also:weight of authority seems to support the negative view (see Foa, Landlord and Tenant, 3rd ed. p. 434). To make See also:good a right to distrain it is necessary .to show that the terms of the letting create a tenancy or exclusive occupation and not a See also:mere See also:licence. Where the owner, although residing on the premises, does not See also:supply attendance, the question depends on whether there is a real tenancy, giving the lodger an exclusive right of occupation as against the owner. The See also:ordinary test is whether the lodger has the See also:control of the See also:outer door. But the whole circumstances of each case have to be taken See also:account of. A lodger is rateable to the poor-See also:rate where he is in exclusive occupation of the apartments let to him, and the landlord does not retain the control and dominion of the whole structure. As to See also:distress on a lodger's goods for rent due by an immediate to a See also:superior landlord, see RENT. As to the termination of See also:short tenancies, as of apartments, see LANDLORD AND TENANT. The landlord has no See also:lien on the goods of the lodger for rent or charges. Over-crowding lodging-houses may be dealt with as a See also:nuisance under the Public See also:Health Acts 1875 and 1891 and the See also:Housing of the Working Classes Acts. As to the lodger See also:franchise, see See also:REGISTRATION OF VOTERS. It has been held in See also:England that keepers of lodging-houses do not come within the See also:category of those persons (see See also:CARRIER; INNKEEPER) who hold themselves out to the public generally as trustworthy in certain employments; but that they are under an See also:obligation to take reasonable care for the safety of their lodgers' goods; see See also:Scarborough v. Cosgrove, 1905, 2 K.B. 8o5. As to Scots Law see Bell's Prin. s. 236 (4).
In the See also:United States, the English See also:doctrine of an implied See also:warranty of fitness for habitation on a letting of furnished apartments has only met with partial See also:acceptance; it was repudiated , e.g. in the See also:District of See also:Columbia, but has been accepted in See also:Massachusetts. In the See also:French See also:Code See also:Civil, there are some See also:special rules with regard to furnished apartments. The letting is reputed to be made for a See also:year, a See also:month or a See also:day, according as the rent is so much per year, per month or per day; if that test is inapplicable, the letting is deemed to be made according to the See also:custom of the See also:pace (See also:art. 1758). There are similar provisions in the Civil Codes of See also:Belgium (art. 1758), See also: Additional information and CommentsThere are no comments yet for this article.
» Add information or comments to this article.
Please link directly to this article:
Highlight the code below, right click, and select "copy." Then paste it into your website, email, or other HTML. Site content, images, and layout Copyright © 2006 - Net Industries, worldwide. |
|
|
[back] LODGE, THOMAS (c. 1558–1625) |
[next] LODI |