Publisher's Synopsis
Excerpt from Encyclopædia, Laws of England, Vol. 8: New Abridgment
In the fourth case, as in the first, the application of the term lodger can hardly be justified, except in a loose and colloquial sense. It is, however, to be noticed that the provisions of an Act of Parliament - the Representa tion Of the People Act, 1867 (30 '31 Vict. C. 102) - directing the assess ment to the poor-rate of the owner Of every dwelling-house wholly let out in apartments or lodgings (s. 7 - have been held to apply to occupiers of this class (stamper v. Overseers of Sunderland, 1868, L. R. 3 C. P. And that it has been laid down that everybody occupying a part Of a house, who was not a householder within the meaning of the Act, would be a lodger (per Brett, l.j., Bradley v. Baylis, supra, at p. It seems clear that where the landlord lets out the whole Of a house into separate apartments, and lets out each ?oor separately so as to demise the passages, reserving simply to each inmate Of the upper ?oors the right Of ingress and egress over the lower passages, but parts entirely with the whole legal ownership for the term demised, and retains no control over the house, the inmates are not lodgers but occupying tenants, and are capable of being rated as such (per J essel, M. R., Bradley v. Baylis, supra, at pp. 219, And the fact that the landlord may keep an agent or servant on the premises to render certain services to the tenants will not make any differ ence, in the absence of evidence showing an exclusive control of the outer door, or establishing in some other way that the presence Of the servant is for the purpose of securing to the landlord the entire control over the whole of the premises (r. V. St. George's Union, supra). It is involved in what has just been stated that, in cases of this class, there is a real tenancy, a right of distress, and immediate liability to the burden of rates.
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