3 Types of Rent
There are three kinds of rent; namely, rent service, rent charge, and rent seek. Where a tenant holds his land by rent, it is a rent service; and this was the only kind of rent originally known to the common law in old England. A right of distress was inseparably incident to, as long as it was payable to the landlord who was entitled to the rent from the tenant. And it was called a rent service, because it was given as a compensation for the services to which the land was originally liable and the Lord was not benefiting from, hence the common term, ‘landlord’.
Rent Charge
Where a rent was granted out of lands by deed, the tenant can rent because there was no rent attached to such a grant. To remedy this inconvenience, an express power of distress was inserted in the grant, in consequence of which it was called a rent charge, because the lands were charged with a distress, for the recovery of the rent.
Rent charges are of great importance in old England and in the old towns, such as Birmingham, Sussex and London and were probably first granted for the purpose of providing for younger children. They were however considered as contrary to the policy of the common law, for the tenant was thereby less able to perform for his country should he be called up for the military and the tenant of the rent was under no feudal obligations of service. Therefore, rent at the time was said to be against common right and law.
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