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13 U.W. Austl. L. Rev. 420 (1977-1978)
The Actions for Double Rent and Double Value against Overholding Tenants

handle is hein.journals/uwatlw13 and id is 428 raw text is: THE ACTIONS FOR DOUBLE RENT AND DOUBLE VALUE AGAINST OVERHOLDING TENANTS A. J. BRADBROOK* INTRODUCTION The origin of the actions for double rent and double value can be traced back to two separate enactments of the British parliament in the early eighteenth century. Section 1 of the Landlord and Tenant Act 1730 (U.K.) (hereinafter referred to as the 1730 Act) gave the landlord the remedy of an action for double value against a tenant who wilfully held over after the determination of his lease: In case any tenant or tenants for any term for life, lives, or years, or other person or persons who are or shall come into possession of any lands, tenements, or hereditaments by, from, or under, or by collusion with such tenant or tenants, shall wilfully hold over any lands, tenements, or hereditaments after the determination of such term or terms, and after demand made and notice in writing given for delivering the possession hereof by his or their landlords or lessors or the person or persons to whom the remainder of reversion of such lands, tenements, or hereditaments shall belong, his or their agent or agents thereunto lawfully authorised, then and in such case, such person or persons so holding over shall, for and during the time he, she, and they shall so hold over or keep the per- son or persons entitled out of possession of the said lands, tenements and hereditaments as aforesaid, pay to the person or persons so kept out of possession, their executors, administrators, or assigns, at the rate of double the yearly value of the lands, tenements, and hereditaments so detained, for so long time as the same are detained, to be recovered in any of his Majesty's courts of record by action of debt, . . .. Section 18 of the Distress for Rent Act 1737 (U.K.) (hereinafter re- ferred to as the 1737 Act) gave the landlord the remedy of an action for double rent in the converse situation where the tenant gives a valid notice to quit but does not deliver possession at the time mentioned in the notice: .. . in case any tenant or tenants shall give notice of his, her, or their intention to quite the premises by him, her, or them holden, * Reader in Law, University of Melbourne.

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