PREC. IV. commonly contd in the leases on the

usual covenants.

Landlord to insure.

Power of
re-entry
(b).

Lease to be executed

este (a), or, "to be

determined in case of dispute by the landlord's solor "].

3. [If the landlord insures, add in lieu of the above provon for insce, THE LANDLORD to insure the sd house & premes agst fire in a responsible office in London or Westminster [& the expse thof to be pd by the tenant to the landlord on demand & in the event of fire the amt reced from the insce office to be forthwith laid out in reinstatg the premes].

4. THE LANDLORD to have a rt of re-entry on non-paymt of the rent, whether legally demanded or not, for twenty-one days after the same shl have become due, or on breach of any of the tenant's covts.

5. THE LANDLORD shl, whenever required, exte, & the tenant on demand. shl whenever required, accept & exte a counterpt of a lease of the premes upon the terms & condons afsd, such lease & counterpt to be prepared by the solor of the landlord at the expse (c) of the tenant [not exceedg £, exclusive of stamp duty, or, "the scale chge"], & the landlord's title shl not be required to be shown (d).

Until execution

Title to be shown on contract to grant lease or under

lease.

6. UNTIL THE sd lease is exted the sd pties shl be bound by

(a) This is better than saying "usual covenants. As to what are usual covenants, see 27 Sol. J. 129, 142, 159, 177; Stroud, Judicial Dictionary, 844; Crosse v. Morgan, 37 W. R. 543; Re Lander, [1892] 3 Ch. 41; ante, p. 694, note.

(b) See ante, p. 701, note.

(c) See Elph. Introd. 229.

(d) By the V. & P. Act, 1874 (37 & 38 Vict. c. 78), s. 2, (1) (where it will be noted that the expression contract for sale" is used in its largest sense so as to include a lease, as being a sale pro tanto) and the C. A. 1881, s. 3 (1), under a contract to grant a lease or underlease for years the lessee is precluded from calling for the title to the freehold, but in the case of an underlease is not precluded from calling for the lessor's leasehold title; by the C. A. 1881, s. 13, under a contract to grant a lease, where the lessor holds by under-lease, so that the lease is a sub-sub-lease, the lessee is precluded from calling for the title to the head lease, but not from calling for the sub-lease (see Gosling v. Woolf, [1893] 1 Q. B. 39); the effect being that an intending underlessee may always, unless barred by the contract, call for the lease under which his lessor immediately holds.

An agreement for a lease of land with an easement is, as well as to the easement as the land, an agreement for a lease of land, and falls within s. 2 (1) of the V. & P. Act, 1874; Jones v. Watts, 43 Ch. D. 574.

By the S. L. A. 1882, s. 31 (4), a contract for a lease under that Act is not to form part of the title to the lease when granted; and by the C. A. 1882, s. 4, the same is enacted as to all leases under powers.

the covts & provons hinbfe mentd & agrd to be contd in such lease as if the same were actually exted. IN WITS, &c.

[Schdle of fixtures.]

PREC. IV.

covenants in lease to be binding.

V.

AGREEMENT for UNDERLEASE of HOUSE in Town,
VARIATIONS, where other PROPERTY is comprised in
the HEAD LEASE (ƒ).

day of

PREC. V.

BETN A., of &c. Parties.

AGRMT made this (hinafter called the "landlord," wch expression shl include

As to

frame of

under

(ƒ) In framing underleases the express obligation must, of course, be imposed on the underlessee of observing such of the covenants of the head lease as must necessarily be observed by the tenant in possession to prevent a forfeiture, such as covenants relative to the mode of using the premises; and the covenants of the underlease should be so framed as to arm the lessor with the means of seeing that the covenants of the head lease, so far as they are to be imposed on the underlessee, are duly performed, and of enforcing such performance by action, with the right of re-entry in default. The proper and usual course is to repeat such of the superior covenants as are to be performed by the underlessee verbatim, or (to save expense where the superior lease is too lengthy) in substance, with the necessary modifications; thus if the head lease contains a covenant by the lessee to repair on notice, the underlease should contain a covenant by the underlessee to repair on notice given either by the head lessor or sub-lessor, and the right of entry to view the condition of the premises and any other similar right should be reserved both to the head lessor and sub-lessor. And it is sometimes desirable to add a general covenant for the performance and observance by the underlessee of all the covenants of the head lease, so far as they relate to his premises, except the covenant for payment of rent, and any others intended to be excepted; and (in order that the loss of the head lease, and not merely the immediate damage arising from the breach of the particular covenant, may be the measure of damages in an action against the underlessee for causing the forfeiture of the head lease) an express covenant not to do anything whereby the head lease may be forfeited. This was the more important, as an underlessee of part of demised property could not obtain relief under s. 14 of the C. A. 1881, against forfeiture for breach of a covenant contained in the head lease; Burt v. Gray, [1891] 2 Q. B. 98. But such relief can under the C. A. 1892, s. 4 (and see 5) now be obtained, by means of an order vesting in the underlessee the whole term of the lease. On the other hand (unless the under-lease is at a rack-rent), it is proper that the sub-lessor should covenant to pay the ground rent, and perform such others (if any) of the covenants of the head lease as are to be

leases.

PREC. V.

Agreement to let. Parcels.

Term.

Lease to contain covenants similar to those in

his exs, ads, & assns, when the context so admits), of the one pt, & B., of, &c. (hinafter called the "tenant," wch expression shl include his exs, ads, & assns where, &c.), of the other pt.

1. THE LANDLORD agrees to grt & the tenant agrees to take (a) a lease of ALL THAT messe, &c., situate & being &c., in the parish of in the coy of with the appurts thof, wch are held [togr with other hds] by the landlord under a lease (hinafter called the head lease) dated, &c. [TOGR WITH the fixtures descd in the schdle hto, & all other, if any, fixtures now in or about the sd messe & premes], FOR THE term of yrs from the day of --, AT THE rent, &c., see

last precedent.

2. THE LEASE shl [be subjt to the reservons follg, namely: here specify reservons in head lease, & shl] contain covts by the tenant, &c., here specify corts in the head lease with the varions head lease. indicated in the note, last page, & any further corts required [or, shl contain covts by the tenants similar to those contd in the head lease [so far as the same are applicable to the premes] with the varions rendered necy by the diffce in the circes, & so that the landlord or the superior landlord, as the case may require, shl be named as the pson to give any notice or consent thrin mentd (b), & with the exception of the covt for paymt of rent, &c., here specify any corts wch are inappropriate AND SHL also contain covts by the tenant, [here specify any corts not contd in the head lease,] & a covt to pform & observe & to indemnify the landlord agst the covts of the head lease so far as the same are applicable to the premes other than

Licence of landlord.

performed by him, and also to produce the head lease, and (if the latter comprises other property) to perform the covenants thereof, so far as they relate to such other property. See Elph. Introd. p. 272; Haywood v. Silber, 30 Ch. D. 404.

As to the effect of a breach by the underlessee of restrictive covenants in the head lease, see Hall v. Ewin, 37 Ch. D. 74.

(a) If the licence of the superior landlord to the underlease has to be obtained, add here:-"subjt to the licence of the superior landlord being obtained at the cost of the tenant, & provd the same can be obtained witht paymt of any fine or conson."

(b) See Williamson v. Williamson, L. R. 17 Eq. 549, reversed 9 Ch. 729; Haywood v. Silber, 30 Ch. D. 404, which show the desirability of specifying the particular covenants to be included or excluded.

the covt for paymt of rent [& the other covts hinbfe excepted,] PREC. V. & a covt not to do, omit, or suffer anything whby the head lease may be forfeited, & also a covt to allow the landlord to enter on the premes & to pform thron any covts wch may be necy to prevent a forfeiture of the head lease.

3. THE LANDLORD to have a rt of re-entry on non-paymt Power of of the rent for 21 days after the same shl have become due re-entry. whether legally demanded or not, or for the breach of any of the tenant's covts.

covenants.

4. THE LANDLORD to enter into the usual qualified covt for Landlord's quiet enjoyment [& to covt for paymt of the ground rent & to pform the covts of the head lease wch are hinbfe excepted, & all the covts of the head lease with respt to the ppty thrin comprd & not hby agrd to be demised, & for prodon of the head lease].

5. THE LANDLORD when required shl exte, &c., continue as in last Precedent, Nos. 5 & 6. AS WITS, &c.

[Schdle of fixtures.]

VI.

AGREEMENT for Letting a FURNISHED HOUSE (c).

PREC. VI.

(hinafter called the landlord), of the one pt, & B., of, &c. (hinafter called the tenant), of the other pt.

of rent.

(c) It might be better to reserve a separate rent for the furniture, lest As to by the death of the lessor, or by a mortgagee of the house entering into severance possession, Salmon v. Mathews, 8 M. & W. 827, the right to the house and furniture should become severed, as the apportionment of the rent in that case might be difficult. The same remark applies in the case of a lease of freeholds and leaseholds together. Where in a formal lease a separate rent is reserved in respect of the furniture, a power of distress should be inserted, see p. 704; and 5 Dav. Prec. pp. 31 and 114, notes; Elph. Introd. 252.

V.

warranty.

There is an implied warranty on letting a furnished house that it is fit As to for habitation (e.g., free from vermin, properly drained, &c.), Smith implied Marrable, 11 M. & W.5; Wilson v. Finch-Hatton, L. R. 2 Ex. D. 336; 28 Sol. J. 529, but not that it shall so continue, Sarson v. Roberts, (1895) 2 Q. B. 395. There is no implied warranty in an ordinary lease of a house or buildings that the premises are fit for the purpose for which they 46

K.E.-VOL. I.

PREC. VI.

Agreement to let.

Parcels.

'Term.

Reserva tion of rent.

Tenant agrees

To pay rent.

To replace breakages, &c.

To deliver

up in same condition.

To pay for washing.

To give

notice of infectious diseases.

in

1. THE LANDLORD agrees to let, & the tenant agrees to take THE DWG-HOUSE & premes, situate & being No. street, in the parish of, & coy of stated in the inventory contd in the schdle [calr months] commencg on the

of

& ending on the

-, furnished as hto, FOR A term day of―,

day of, AT THE [monthly] rent of on posson being taken, £--- on the

&c.

THE TENANT AGREES ;

2. TO PAY the sd rent to the landlord in mner afsd.

day of

3. TO REPLACE & make good all breakages, deficiencies, & damage to the furniture, fixtures, fittings, & effects in the sd dwg-house & premes, wch may happen durg the period of his tenancy (except reasble use & wear & damage by accidental fire).

4. AT THE expiron of the sd tenancy, to deliver up to the landlord posson of the premes with the whole of the sd furniture & effects accdg to the sd inventory, & in the same rooms in wch the same now are, in as sound, perfect & clean a condon as at the commencemt of the sd tenancy (except as afsd).

[5. TO PAY for the washing of such articles as may require washing.]

[6. IN THE event of any infectious disease mentd in the 6th section of the Infectious Disease Notificon Act, 1889, happeng in the sd house durg the sd tenancy to give written notice thof, & any other informon wch may be required relative thto, to the landlord or his agent, bfe or immedly upon the expiron of the tenancy, & to pay to the landlord the sum of £for the expses of disinfectg the premes, & replacg any articles & things the destron of wch may be rendered necy by such illness, & in case of default in givg such notice as afsd, to pay to the landlord in addon the sum of £— as liquidated damages (a)].

are to be used, see Manchester, &c., Co. v. Carr, 5 C. P. D. 507; Murray v. Mace, 8 Ir. Re. C. L. 396; or that they are reasonably fit for habitation or occupation, see Hart v. Windsor, 12 M. & W. 68; except in the case of artizans' dwellings; see 53 & 54 Vict. c. 70, s. 75 (repealing but re-enacting 48 & 49 Vict. c. 72, s. 12); Walker v. Hobbs, 23 Q. B. D. 458.

(a) See p. 225, note; 53 & 54 Vict. c. 34, s. 7; and as to London, 54 & 55 Vict. c. 76, ss. 55, 65.