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Recovery of possession of land in England from tenants.
1 & 2 Vict. c. 74.
19 & 20 Vict. c. 108.
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5. Where any lease or agreement of or concerning land in England vested in the said Secretary of State on behalf of Her Majesty is determined by expiration, notice, or forfeiture (except for nonpayment of rent), possession of such land may be recovered by or on behalf of the said Secretary of State under the Small Tenements Recovery Act, 1838, as in cases therein provided for, although the term or interest of the lessee or tenant may have exceeded seven years, and the rent may have exceeded the rate of twenty pounds a year, or such possession may be recovered with rent or mesne profits, or both, under the Act of the session holden in the nineteenth and twentieth years of Her Majesty, chapter one hundred and eight, as in cases provided for in section fifty of such Act, and other provisions auxiliary thereto, although the value of the premises and the rent which may have been payable in respect thereof may have exceeded fifty pounds by the year; and in proceeding under the Small Tenements Recovery Act, 1838, for recovery of possession of any land which may have been holden under any such lease or agreement as aforesaid, the notice of intention to apply to justices to recover possession may require such possession to be given on or before the expiration of seven clear days from the service of the notice, and the form of notice shall be varied accordingly; and the justices by the said Act authorized to issue a warrant for giving possession of the premises may by such warrant authorize the entry and delivery of possession of the premises, either forthwith, or on or before such day as the justices may think fit to name; and in proceeding under the said Act of the nineteenth and twentieth years of Her Majesty for the recovery of possession as aforesaid it shall not be necessary to prove the yearly value and rent as thereby required.
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