My friend Ben has moved to London, where he's rented a house for his family. It seems their landlady could not take two pet hens to her retirement residence, and of course Ben's boys clamored for him to keep them. But, he asked, would he be responsible if a hawk got one of them? So the Land Agent or whatever they call it there wrote a 49th provision into the lease:
Landlord gives consent to the Tenant to keep the Landlord’s two chickens and
coup in the garden.
In consideration of this the Tenant must ensure that these chickens do not cause any
difficulty or damage or nuisance either to the Premises and or the fixtures
or fittings or
to any neighbour. If that should occur the Landlord and/or the Landlords
Agent reserves the
right to terminate this consent and to require that these pets leave the Premises
Tenant agrees to remove all mess from the garden or other outside areas of
both during the Tenancy, particularly prior to any visit from the gardener, and
to the end
or earlier termination of the Tenancy.
the avoidance of doubt the chickens and their eggs will belong to the Tenant and
the Tenant will
be responsible for any costs associated with the keeping of the chickens.
Tenant agrees to return the land at the end of the Tenancy in the same condition
as stated in
the inventory and schedule of condition at the commencement of the Tenancy unless the
Landlord gives written confirmation he would like to retain any additions or
the Tenant has made, with no compensation payable to the Tenant at the end or earlier
termination of the tenancy.
Landlord shall have no responsibility or liability for any claims whatsoever
(including 3rd party
claims) arising from the condition of the fields or fences due to any chickens
kept by the
49.6 It is
further agreed that in the event any of the chickens shall die then the landlord
will not be responsible
for replacing or compensating the tenant for such loss.
I'm not sure what 49.4 has to do with chickens, but it's pretty much what I used to teach in those real estate courses. Just the same, if I had been on the Premises I would have given Ben the usual advice: have your own solicitor look the lease over before you sign.
I don't know what the other 48 provisions of that lease were, but in the Chickens section I still don't see any answer to the original question: Is Ben responsible if one of the hens dies?