It was by this time the general opinion of men with a thorough experience of farming, that in many parts of Great Britain no sufficient compensation was secured to the tenant for his unexhausted improvements. In some counties and districts this compensation was given by established customs, in others customs existed which were insufficient, in many they did not exist at all. It must be confessed that often when a tenant leaves his farm there is more compensation due to the landlord than to the tenant. Human nature being what it is, the temptation to get as much out of the land just before leaving it is wellnigh irresistible to many farmers.
In these days, when the landlord is often called upon by the tenant to do what the tenant used to do himself, the question of compensation to the tenant must on many estates appear to the landlord extremely ironical. It is, in the greater number of cases, the landlord who should receive compensation, and not the tenant; and though he has power to demand it, such power is over and over again not put in force.
At the same time there are bad men in the landlord class as in any other, and from them the tenant required protection. By the Agricultural Holdings (England) Act of 1875, 38 & 39 Vict. c. 92, improvements for which compensation could be claimed by the tenant were divided into three classes. First class improvements, such as drainage of land, erection or enlargement of buildings, laying down of permanent pasture, &c., required the previous consent in writing of the landlord to entitle the tenant to compensation. Second class improvements, such as boning of land with undissolved bones, chalking, claying, liming, and marling the land, the latter now hardly ever practised, required notice in writing by the tenant to the landlord of his intention, and if notice to quit had been given or received, the consent in writing of the landlord was necessary. For third class improvements, such as the application to the land of purchased manure, and consumption on the holding by cattle, sheep, or pigs, of cake or other feeding stuff not produced on the holding, no consent or notice was required. Improvements in the first class were deemed to be exhausted in twenty years, in the second in seven, and in the third in two. It was the opinion of the Richmond Commission of 1879 that, notwithstanding the beneficial effects of this Act, no sufficient compensation for his unexhausted improvements was secured to the tenant.