day next ensuing,] for and during, and unto the full end and term of, &c., and fully to be complete and ended. Reservation. Yielding and paying 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 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, 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 administrators, 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 (lessor,) his heirs or assigns, the yearly rent or sum of payment of rent. The usual covenants. For payment of rent. • If to be determined at a certain period of the term, say, "determinable nevertheless as hereinafter mentioned." d The rent may be reserved generally, without saying to whom the law will make the distribution, (Plow. 171.) • 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. 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 may 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. and view the dition. 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, shall 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 the said (lessor,) his heirs or assigns, or his or their lessor to enter agent or agents, either with or without workmen or state and conothers in his or their company, (twice in every year during the said term,) at all seasonable times in the day-time, without the molestation or interruption of the said (lessce,) his heirs, executors, or administrators, to enter 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 landdemised premises, unto and for the said (lessee,) his notice of the executors, administrators, and assigns, to repair and want of re "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. Dommit, (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. lord to leave pairs. see covenants to do the same within the time men tioned in the notice. carry on of fensive trade. Nor to assign consent of the without the lessor. amend the same within the time or space of one And the les calendar month next after such notice thereof shall be given or left as aforesaid; within which time the said (lessee,) for himself, his executors, administrators, and assigns, doth hereby covenant, promise, and agree to and with the said (lessor,) his heirs and assigns, to repair 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, administrators, and assigns, shall not, &c., [against offensive trades.]1 And the said (lessee) doth hereby, for himself, his heirs, executors, and administrators, Covenant, promise, declare, and agree to and with 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," 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 or assigns. Provided always," [Here add the usual proviso for making void the lease upon the non-perFor peaceable formance of, &c.; and for peaceable possession on performance of the covenant. (See p. 81.) Or Proviso for re-entry. possession on perform ing the covenants. 1 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. n 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; (I 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. tion. 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 consideration of Considerathe yearly rent hereby reserved, and of the covenants 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 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 Habendun. 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. for water and Taxes. q and during, and unto the full end and term of twenty-one years, fully to be complete and ended; yielding and paying, &c." [Add a covenant for payment of rent.] And also shall and will, during the said term, bear, pay, and discharge the land-tax, sewers' rates, and all other taxes, rates, duties, and assessments whatsoever, whether parliamentary, parochial, or otherwise, now, or which, at any time or times during the said term, shall be taxed, rated, charged, or assessed on the said premises hereby demised, or any part thereof, or upon the landlord or tenant in respect thereof, or of the rent hereby reserved; and also shall and will, during the said term, when need shall require, bear, pay, and allow a reasonable share with the other tenants of supporting, repairing, cleansing, amending, and rebuilding all party-walls, gutters, sewers, drains, and cesspools, belonging to the said premises. And also shall and will, at all times during the said term, keep the said premises And to keep insured' from loss or damage by fire, in the sum of at the least, in the fire-office, or such other public office for insurance in London or Westminster as the said C. D., his executors, administrators, or assigns, shall from time to time appoint; and when thereunto required, produce the current year's receipt for the premium for such insurance to the said C. D., his heirs, executors, administrators, or assigns, or her, his, or their steward or agent. And to keep And also that the said C. D., his executors, adminiI And to yield shall require, well and sufficiently repair, support, costs, at all times during the said term, when need amend, pave, paint, cleanse, and keep the said preof the time in mises, with the appurtenances, with all manner of such good re- needful and necessary reparations, cleansings, and amendments whatsoever. And the said premises so premises insured from fire. repair. up the same at the end pair. L. P See P. 4 For a proviso not to assign, if intended, &c. see p. 82. * See note to p. 405. |