The landlord and tenant also might agree in writing that the Act should not apply to their contract of tenancy, so in 1883 when the Agricultural Holdings Act of that year (46 & 47 Vict. c. 61)[675] was passed, it was made compulsory as far as regarded compensation, and the time limit as regards the tenant’s claims for improvements was abolished, the basis for compensation for all improvements recognized by the Act being laid down as ’the value of the improvement to an incoming tenant’.  Improvements for which compensation could be claimed were again divided into three classes as before, but the drainage of land was placed in the second class instead of the first, and so only required notice to the landlord.  This was the only improvement in the second class; the other improvements which had been in the second class in the Act of 1875 were now placed in the third, where no consent or notice was required.

The Act also effected three other important alterations in the law; first, as to ‘Notices to Quit’, a year’s notice being necessary where half a year’s notice had been sufficient, though this section might be excluded by agreement; secondly, after January 1, 1885, the landlord could only distrain for one year’s rent instead of six years as formerly; and thirdly, as to fixtures.  These formerly became the property of the landlord on the determination of the tenancy, but by 14 & 15 Vict. c. 25 an agricultural tenant was enabled to remove fixtures put up by him with the consent of his landlord for agricultural purposes.  Now all fixtures erected after the commencement of the Act were the property of and removable by the tenant, but the landlord might elect to purchase them.

This Act was amended by the Act of 1900 (63 & 64 Vict. 50), and has been much altered by the Agricultural Holdings Act of 1906 (6 Edw.  VII, c. 56), which has treated the landlord with a degree of severity, which considering the excellent relations that have for the most part existed between English landlords and tenants for generations, is utterly unwarranted.  In several respects indeed he has been treated by the Act as if the land did not belong to him, while freedom of contract, until recent years one of the most cherished principles of our law, is arbitrarily interfered with.  The chief alterations made by the Act of 1906 were:—­

1. Improvements.—­By the Act of 1883, in the valuation for improvements under the first schedule, such part of the improvement as is justly due to the inherent capabilities of the soil was not credited to the tenant This provision is repealed by the Act of 1906, in reference to which it must be said that the latent fertility of the soil, sometimes very considerable, may be developed by a small outlay on the part of the tenant for which outlay he is certainly entitled to compensation.  But the greater part of the improvement may be due to the soil which belongs to the landlord, yet the Act credits the tenant with the whole of this improvement.  An addition is made to the list of improvements which a tenant may make without his landlord’s consent and for which he is entitled on quitting to compensation, viz. repairs to buildings, being buildings necessary for the proper working of the holding, other than repairs which the tenant is obliged to execute.