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CHAPTER XXIV.

LEASES.

LEASES OF A HOUSE.

This indenture, made, &c., between the lessor,) of Parties. the one part, and (the lessee,) of the other part, witnesseth, that for and in consideration of the yearly witnessing rent hereby reserved, and of the covenants and agree- part. ments hereinafter contained, on the part of the said (lessee,) his executors, administrators, and assigns, to be paid and performed, he, the said (lessor,) hath demised and leased, and by these presents doth de- Demise. mise and lease unto the said (lessee,) his executors, administrators, and assigns, all that messuage, &c., situate, &c., with the appurtenances to the same premises belonging ; to have and to hold the said, &c., hereby demised, with the appurtenances, unto the said (lessee, his executors, administrators, and assigns, from the

day of

last past, [or

a Leases must be in writing, except they be for a term not exceeding three years, and whereupon the rent reserved shall be at least two-thirds of the improved value, (29 Car. II., c. 3.) It may be by deed-poll or indenture, (Bac. Abr. Leases, n.)

• Although the word assigns may be used here, and the proviso to prevent assigning be inserted, it will not be repugnant. (See Weatherall v. Gee, 2 Ves. Jun. 504.)

next ensuing,] for and during, and unto the full end

and term of, &c., and fully to be complete and ended. Reservation.

Yielding and payinga yearly, and every year, during the said term, unto the said (lessor,) his executors, administrators, and assigns, the yearly rent or sum of L. of lawful money of Great Britain, by four equal quarterly payments, on the usual days of payment in the year; that is to say, the day of, &c., and the of, &c., free and clear of and from all parliamentary or parochial taxes, rates, and assessments whatsoever; the first payment thereof to begin and be made on the, &c., next ensuing the date of these presents. And the said (lessee) doth hereby

for himself, his heirs, executors, and administrators, Covenant for covenant,e promise, and agree to and with the (lessor,)

his heirs and assigns, in manner following ; that is to say, that he, the said (lessee,) his executors or admi. nistrators, or some or one of them, shall and will yearly, and every year, during the said term, well and truly pay, or cause to be paid, unto the said (les. sor,) his heirs or assigns, the yearly rent or sum of

payment of rent.

The usual covenants.

. If to be determined at a certain period of the term, say, “ determinable nevertheless as hereinafter mentioned."

& The rent may be reserved generally, without saying to whom: the law will make the distribution, (Plow. 171.)

e The usual covenants, in the absence of any agreement to the contrary, are, that the lessee shall pay the rent and taxes, keep the premises in tenantable repair, with leave for the lessor to enter and view, and for the lessee to amend on notice; and that lessee will quietly yield up the premises at the end of the term ; with a proviso for re-entry on non-payment of the rent, or non-performance of the covenants; and, lastly, a qualified covenant for the lessee's quiet enjoyment.

f The covenant for payment of the rent will enable the landlord to sue the tenant by action, in case of no distress being found upon the premises sufficiently available. The tenant nay deduct ground-rent paid by him; Sapsford v. Fletcher, 4 T. R. 511; and also land-tax, (33 Geo. III., c. 5, s. 17,) unless he has undertaken to pay all taxes, in which case, he will be bound to pay the land-tax; Amfield v. White, 1 Ryan and Moody, 246; Giles v. Hooper, Carth. 135,

For payment of rent.

L. hereinbefore reserved, upon the days and times, and in manner and form, hereinbefore appointed for payment thereof, according to the true intent and meaning of these presents. And also that he, the said (lessee,) his executors, administrators, and assigns, sball and will, &c., pay taxes, and repair, &c. ;and the same so repaired yield up, (see To repair. p. 104,) and insure against fire, (see p. 108.) And To insure.' moreover, that it shall and may be lawful to and for Liberty for

lessor to enter the said (lessor,) his heirs or assigns, or his or their

and view the agent or agents, either with or without workmen or state and conothers in his or their company, (twice in every year dition. during the said term,) at all seasonable times in the day-time, without the molestation or interruption of the said (lessee,) his heirs, executors, or administrators, to enterk and come into and upon the said demised premises, and every or any part thereof to view, search, and see the state and condition of the same, and of the repairs and amendment thereof, and of all such defaults, decays, and want of repair, which upon any such view or views shall be found, to give or leave notice in writing, or otherwise, at the said And for land

lord to leave demised premises, unto and for the said (lessee,) his no executors, administrators, and assigns, to repair and want of re-,

pairs. The goods of an incoming tenant are liable for taxes growing due before his time; and as the landlord would be expected to indemnify him from the same, this covenant would enable the landlord to recover from the late tenant.

If the lessee covenants to repair generally, without any exception as to accidents by fire, he will be bound to rebuild the premises in case they are burnt down ; Bullock v. Dom. mit, (6 T. R. 650 ;) it is therefore usual to add an exception as to accidents by fire. In the absence of any agreement, neither the lessor nor his tenant are bound to rebuild in case of destruction by accidental fire ; 6 Anne, c. 31, s. 67; Bayne v. Walker, 3 Dow. 283.

i The covenant to insure in a specific sum will not limit the amount which the tenant is bound to expend in rebuilding in case of fire; Digby v. Atkinson, (4 Camp. 275.)

Without leave of entry to view, the landlord would be a trespasser.

lessor.

amend the same within the time or space of one And the les- calendar month next after such notice thereof shall be see covenants

given or left as aforesaid ; within which time the said to do the same within (lessee,) for himself, his executors, administrators, and the time men- assigns, doth hereby covenant, promise, and agree to tioned in the

e and with the said (lessor,) his heirs and assigns, to renotice.

pair and amend all such defaults and want of reparation

whereof such notice shall be so given or left as aforeLessee not to said. And also, that he, the said (lessee,) his executors, carry on of- administrators, and assigns, shall not, &c., Cagainst fensive trade.

offensive trades. And the said (lessee) doth hereby, Nor to assign for himself, his heirs, executors, and administrators, without the

covenant, promise, declare, and agree to and with consent of the

the said (lessor,) his heirs or assigns, that he, the said (lessee,) his executors or administrators, shall not nor will at any time hereafter, during the said term hereby granted, assign,m set over, or part with this present indenture of lease, or lease, set, or demise the same premises, or any part thereof, for the whole or any part* of the said term, unto any person or persons whomsoever, or cause or procure, permit or suffer the said premises, or any part thereof, to be held, had, used, occupied, or enjoyed, by any other person or persons whomsoever, without the licence

and consent in writing of the said (lessor,) his heirs Proviso for

for or assigns. Provided always," [Here add the usual re-entry.

proviso for making void the lease upon the non-perFor peaceable formance of, &c.; and for peaceable possession on possession

performance of the covenant. (See p. 81.) On on perform

ing the covenants.

| Letting lodgings is not a breach of a covenant not to underlet without licence; Doe v. Laiming, 4 Camp. 77.

m The covenant not to assign is not understood as a common and usual covenant; it should therefore be expressly stipulated for in agreements for leases; ante, p. 16.

* An underlease is a breach of a covenant not to assign for any part of a term. Doe v. Worsley, 1 Camp. 20.

If the proviso extends only to a right of re-entry, the lease may be confirmed by acceptance of rent, after the landlord has notice of the breach of condition; (1 Saund. 287, n. 16.)

proviso for determining the lease at the end of a certain number of years. (See p. 79.)] In witness, &c.

UNDER-LEASE OF A HOUSE IN LONDON, WITH

FIXTURES.

This indenture, made, &c., between A. B., of, &c., of the one part, and C. D., of, &c., of the other part, witnesseth, that for and in considerationo of Considerathe yearly rent hereby reserved, and of the cove- tion. nants and agreements herein contained, on the part of the said C. D., his executors, administrators, and assigns, to be paid, observed, and performed, he, the said A. B., hath demised and leased, and by these Demise. presents doth, &c., unto the said C. D., his executors, administrators, and assigns, all, &c., together with all cellars, vaults, areas, and appurtenances, to the said premises belonging; and the goods, fixtures, and things mentioned in the schedule hereunder-writ- Exception of ten, (except and always reserved out of this demise, a passage

for water and the free passage and running of water and soil from for cleansthe other houses and buildings of his grace the duke ing same. of B., and his tenants, by and through the channels and drains of the said hereby demised premises, the tenant or tenants of such other houses and buildings, on request, paying his or their share and proportion of the charges of cleansing and repairing the same, as need shall require :) To have and to hold the said Habendum. piece or parcel of ground, messuage, or tenement, and all other the premises hereby demised, with their appurtenances, (except as aforesaid,) unto the said C. D., his executors, administrators, and assigns, from the 29th day of September next ensuing, for

• If a consideration be given by lessee for good-will, add, "and in consideration of the sum of, &c., by, &c., to, &c., the receipt, &c., and in consideration of the yearly rents," as

above.

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