1914 Tenancy Agreement at Lower Bevendean Farm

An Agreement made the Twentieth day of July One Thousand Nine Hundred and Fourteen between the Mayor, Aldermen and burgesses of the County Borough of Brighton (who together with their assigns are hereinafter called "the landlords") of the one part and Frank John Allcorn of "Lower Bevendean Farm" in the Parish of Falmer Sussex (who together with his heirs, executors, administrators and signs is hereinafter called "the tenant") of the other part.

The Landlord agreed to let and the Tenant to take All that messuage or tenement Barns Stables Buildings and lands known as "Lower Bevendean Farm" situated in the parish of Falmer in the County of Sussex, and containing 244 Acres 1 Rood 32 Perches, or thereabouts, as shown on the plan and therein coloured pink an described in the schedule hereto, subject to the under mentioned exceptions, reservations, agreements an conditions for the term of Two years from the twenty ninth day of September One thousand nine hundred and thirteen, and thereafter from year to year, until the tenancy shall be determined at the end of the first two years or the end of any subsequent year by Twelve calendar months previous notice in writing given by either party to the other, at the yearly rent of Two hundred and sixty two pounds payable quarterly on the usual quarter days, the first payment thereof to be made on the twenty fifth day of December One thousand nine hundred and thirteen, and the last payment to become due and payable in advance on the quarter days next preceding the expiration of the Tenancy.


Exceptions and Reservations by the Landlords

Timber

All timber, timber - like trees, tellers, saplings, and Underwood, with power to cut down and remove same; also powered plant, doing as little damage as possible.

Mines, & c.

All mines, minerals, stones, gravel and sand, with power to enter, search for, and worked the same and remove the produce; and to make and burn bricks and tiles; making the tenant reasonable compensation for the surface damage

Occupation roads, & c.

All occupation roads and footpath upon the farm provided that the tenant shall have the use of the same so far as they are required for the purpose of his tenancy.

Land adjoining roads, & c.

A strip of land, ....................... feet in width, between the points ............................. on the said plan.

Power to resume part possession

Powered to resume possession of any portion of the land for building, planting, or any other purpose not agricultural, on giving one calendar months notice in writing, and allowing the Tenant fair and reasonable compensation for crops and reduction in rent (except where facilities are given to the tenant remove same from the ground) and for tillages.

Power to inspect

Power for Landlords and all persons authorised by them to enter the farm to view its state and condition, or for any other purpose.





Agreements by the Tenant

To pay rent

To pay the rent at the times and in the manner aforesaid.

Additional rent

To pay an additional yearly rent of £50 per acre for every acre, and so in proportion to every part of an acre, of land described as pasture or meadow in the Schedule attached to this Agreement, which shall be broken up by the Tenant without the written consent of the Landlords. Such additional rent to be paid quarterly on the days aforesaid, and the first payment to become due at the quarter day next after the happening of the event on which it is made payable and to be recoverable as rent in arrears.

To pay rates, & c.

To pay all taxes, rates, charges, assessments and other outgoing, except Landlords Property Tax, Land Tax and Tithe Rent Charge, now or hereafter to be assessed on the premises.

Repairs

To maintain, keep and leave in good and tenantable repair all the interior of the house, cottages and buildings, together with the Landlord's fixtures, and glass and lead of the Windows and all weather boarding, roads, doors, fences, gates, posts, stiles, cribs, rails, bars, trunks, culverts, gutters, ditches, drains, pumps, ponds, wells and banks, and, when necessary, tar or black varnish all iron fencing, weather boarding and such other parts of the premises as have been previously so treated, and find straw for thatching, and on failure of any of the above respect after notice, in writing, of the same by the Landlords or their Agent, the Landlords may repair the same at the expense of the Tenant, provided always that if the tenant has carried out his obligations to repair the farm buildings in accordance with the spirit of this agreement is liability for repairs thereto on the termination of the tenancy shall be limited to Fifty pounds.
To do the carriage without chargeable timber and other materials provided by the Landlords within seven miles of the farm.

To consume produce

Not to sell off or removed from the farm any hay, straw, roots or green crops grown during the last year of the tenancy, nor at any time without returning to the holding, within Twelve months of the sale or removal of such produce, or equivalent in good rotten dung or guano, bone manure, lime, or other approved manurial substance, or in linseed or cotton cake, or other approved feeding stuff, and to keep true accounts and vouchers, which shall be produced to the Landlords or their Agents when required, of all such produce sold off and of the equivalent returned to the farm.

Insurance

To insure his live and dead stock to the full value thereof, and, in the event of fire, to return, spend and consume forthwith upon the premises the manurial value of all produce burnt.
Not to do any act by which the Landlords policy of insurance is invalidated or the premiums increased

Cultivation

To cultivate and manage the arable land in a good, fair and husband like manner, and so as not to injure or deteriorate the holding, and to leave the same clean and in good heart and condition, and to comply with a reasonable directions of the Landlords or incoming Tenant as to sowing and cultivating the land during the last year of the Tenancy.

Head of stock, & c.

To keep at all times sufficient head of cattle, sheep and horses and proper stock of implements on the premises.

Grass land

Not to break up any land described as meadow, grass, or pasture in the Schedule hereto, nor to mow the other grass lands more than once in any one year, nor more than twice without applying thereto not less than 20 tons per acre of good rotten dung or other manure equivalent thereto.

Destroy weeds, & c.

To spud up and destroy all thistles, nettles and other weeds throughout the farm, and to keep down moles and spread all molehills and anthills, and keep the pasture and grasslands in good heart and condition.

Timber

To carefully preserve all timber and timber like trees, tellers, pollards and saplings, and keep all fruit trees properly pruned, and not to grub up any underwood or hedgerow without the consent of the Landlords.

Hedges

To keep all hedges properly plashed, laid, and trimmed in a workmanlike manner, according to the best practice known in the district.

Wire

Not to erect any wire fencing or put any wire in any fence without the consent of the Landlords in writing. (This item crossed out)

Gypsies

Not to permit gypsies to camp upon the land

Trespass

To give notice to trespasses not to sport or trespass, and, as far as possible, to stop all encroachments and to immediately inform the Landlords thereof. To allow his name to be used in actions against trespasses on being indemnified by the Landlords.

Under letting

Not to assign or under let any part of the premises, except cottages to labourers employed on the farm, without the consent of the Landlords, and to reside in the farmhouse.

Use as farm only

Not to use or permit or suffer the land to be used for any purpose whatever other than that of a farm cultivated in accordance with the terms of this agreement.

Manure, & c.

To spread annually on the arable and permanent grass land, in accordance with the most approved methods of husbandry, all manure made upon the farm.
Not to use for manure any parts of the bodies of animals or fish or any other like matter.

Advertise-ments

Not to allow any bills or advertisements to be placed in any part of premises except relating to the sale thereon or church or parochial matters without consent, in writing, of the Landlords or their Agent.

Flints, & c.

Not to pick or dig flints nor to destroy or injured turf or furze or commit, or suffered to be committed, any act of waste except that surface flints may be picked, but not dug for the purposes of good farming.

Cesspools

To empty all cesspools upon the farm premises as often as necessary to prevent the same from overflowing, and also to keep clean the drains leading to the cesspools.

Improve-ments

Not to make on the land any of the improvements mentioned in parts II, and III, of the First Schedule to the Agricultural Holdings Act, 1908, except the application of purchased artificial or other purchased manures.

Roads, & c.

To keep the occupation roads and footpath and any public roads and footpath upon the said farm free from nuisances and annoyances of every description, and in particular not to permit or suffer refuse of any kind to be deposited upon such roads and footpath, and to comply with the reasonable directions of the Landlords as to the removal of refuse therefrom.

Agreement as to com-pensation

The Tenant hereby agrees to accept the terms herein contained in lieu of any rights which are part of agreement he shall be entitled to under Section 23 of the Agricultural Holdings Act, 1908.


Agreements by the Landlords

Repairs

To do all necessary repairs other than those hereinbefore covenanted to be done by the Tenant.
To provide all bricks, tiles, timber, cement and sand for all needful repairs, the carriage thereon to be done by the Tenant within seven miles of the premises.

Fire

To reinstate forthwith all buildings destroyed by fire, if required for the working of the farm.


General Conditions

Settlement of claim for compensation

The Landlords and Tenant mutually agree: - that, without prejudice to any right of action or other remedy of the Landlords, all valuations in respect of any compensation, damage, or dilapidation to which either party may claim to be entitled under this Agreement, or otherwise in respect of the tenancy hereby created, shall be referred to two Valuers appointed respectively by the Landlords and Tenants in the usual manner, and in the event of any difference between them the matter or matters in dispute and also (without prejudice as aforesaid) all questions as to the construction or effect of this agreement or the respective rights and liabilities of the Landlords and Tenants hereunder, shall be settled by arbitration, in the manner provided by Section 13, Sub-section 1, of the Agricultural Holdings Act, 1908

Breach of agreement

The Landlord shall be entitled to damages from the Tenant in respect of any breach of the agreement on the part of the Tenant herein contained, or any injury to or deterioration of the holding, caused or permitted by the Tenant, and any sum due to the Landlords under this agreement or otherwise shall be deducted from any sum to be paid to the Tenant by the Landlords or the incoming Tenant, or be recoverable otherwise as the Landlords may deem fit.

Object of scientific interest

All remains or objects of an archaeological or other scientific interest discovered on the premises, are to be the property of the Landlords, and the Tenant on discovering any such remains or objects shall forthwith report the same to the Town Clerk of Brighton.

Proviso for Re-entry

If and whenever any part of the rents before reserved shall be in arrears for twenty-one days (whether legally demanded or not), or should there shall be a breach by the tenant of any of the conditions herein contained, or the tenant shall execute or give any Bill of Sale or other charge on his chattels and effects or any part thereof, or suffer them or any of them to be taken in execution under any process of law, or shall suffer receiving or administration order to be made against him, or shall become bankrupt, or shall make any arrangement or compound with his creditors, either privately or under the present or any future Bankruptcy Laws, then, and in any or either of such cases, the Landlord may immediately thereon, without prejudice to any action for previous breach or for rent re-enter upon any part of premises in the name of the whole, and thereupon this demise shall absolutely determine, an the Tenant shall immediately paid to Landlords the proportional part of the rents from the last quarter day to the day of re-entry.

Market garden crops

Any asparagus, rhubarb or other perennial crop, or any fruit bushes, planted or purchased by the Tenant, may be removed by the tenant before the termination of his tenancy, he making good and replacing the surface soil disturbed by such removal, unless the Landlord or the incoming Tenant elected to take any such plants or bushes by valuation. Nothing herein contained shall be deemed to be consent by the Landlord within the meaning of the Agricultural Holdings Act, 1908, to an improvement by the making of any garden or by the planting of any orchards or fruit trees or bushes, nor shall the holding, or any part thereof be deemed to be let as market garden. The above shall not apply to the garden of the Farm Houses the crops of which, shall be taken at the end of the tenancy by valuation in the usual way which valuation shall not exceed the sum of Ten Pounds.

Alteration of Rent

That the terms, agreement, an conditions of this agreement shall not be altered or determined by any increase or decrease in the rent which may be mutually agreed upon by the Landlords and Tenant, except as regards the amount of rent payable.

Consents, notices, & c.

All consents, notices, demands, requests, appointments and other instruments, proceedings, acts, defaults another matters to be signed, executed or done by or to be served upon the Landlords under these presents or under the Agricultural Holdings Act, 1908, shall be deemed sufficient the signed, executed, done in served, if so signed, executed, done and served by or upon the Town Clerk of Brighton.

Marginal notes.

The marginal notes to this document are convenient only and shall not be used in construing the provisions of these presents.

Valuation

The Landlords agree to pay to the Tenant on quitting the amount of the Tenants Right Valuation, to be ascertained in the usual way by two independent Valuers or their Umpire, such valuation to be made on the same basis as the Tenant paid on entry.



In witness whereof the Landlords have caused their Common Seal to be hereunto affixed, and the Tenant has hereunto set his hand in seal the day in year first above written.

Schedule To Agreement


No. on Plan

Description

Cultivation

Area





Acres

Roods

Perches



Parish of Falmer






181

Arable

Arable

22

0

21


182

Part Down an Part Pasture

Down & Pasture

26

2

32


Part 183

Arable

Arable (say)

67

3

2


Part 185

Bank

Bank

0

2

20


Part 185

Arable

Arable

9

3

9


192

Down

Down

25

2

21


193

Pasture and two Cottages

Pasture

9

2

30


194

Farmhouse Gardens and Buildings

Homestead

4

0

24


195

Stack Yard

Homestead

0

1

25


196

Meadow

Pasture

1

0

31


Part 197

Arable

Arable

33

1

19


Part 198

Down

Down

4

1

31


208

Bank

Bank

4

3

34


209

Orchard and Garden

blank

1

2

27


Part 210

Arable

Arable (say)

31

3

26




Acreage

244

1

32




Memorandum fixed to document at a later date

Memorandum. The parcels of land hatched with green on the plan on the within written Lease have been surrendered to the Corporation of Brighton and the rent payable under the within written Lease is reduced by the sum of Thirteen Pounds a year as from the 29th day of September 1928.




Signed by James Herbert Roswell (Town Clerk of Brighton)