quent year of the sd term the yearly rent of £, such respive rents to be paid without any deduction (except, &c.) by equal quarterly [half-yearly] paymts, &c. rent. rent for IV. PAYING, &c., during the first years of the sd Peppercorn term the rent of a peppercorn if demanded, and during the residue of the sd term the yearly rent of £, such lastmentd rent to be paid without any deduction (except, &c.), by equal quarterly [half-yearly] paymts, on &c., and the first paymt thof to be made on, &c. v. PAYING, &c., the rent of £ for each of the sd six Separate messuages hby demised, making an aggregate yearly rent of £for all the sd messuages and premes, to be paid, &c. in lease of VI. AND also paying in the event of the sd term being determined between two of the sd quarterly [half-yearly] days Proportionby re-entry [or notice] under the provo [respive provoes] in rent in that behalf hinafter contd, a proportionate pt of the sd rent term being for the fraction of the current quarter [half-year] up to the determined by re-entry day of such determination. each house several houses. ate part of case of or notice. rent. VII. AND also paying as a further rent the sum or sums Insurance of money which the lessor may expend in effectuating or maintaining the insurance of the sd premes against loss or damage by fire [or accident] as hinafter mentd; such lastmentd rent to be paid without any deduction on the quarterly [half-yearly] day for paymt of rent next ensuing after the expenditure thof. VIII. AND also if and so often as the lessee shall, contrary Penal to his covenants in that behalf hinafter contd, here specify breach of rent on covenant (m). rents. (m) It used to be considered that on payment of the increased rent the lessee was at liberty to do the act on which it became payable, so as to prevent the As to penal landlord from entering for breach of covenant; but where, as in the text, the acts in question are treated in the reddendum as breaches of covenant, it is now decided that the effect is to give an alternative remedy to the lessor either by ejectment for breach of covenant or recovery of the penal rent: Weston v. Managers of the Metropolitan Asylums District, 8 Q. B. D. 387; on ap., 30 W. R. 623. Possibly the reservation of penal rents may become more common now that the lessor's power of re-entry for breach of covenant is restricted by the Conv. Act, 1881, s. 14; see 26 Sol. Journ. 489. No additional stamp is required in respect of a penal rent, see the Stamp Act, 1870, s. 98. VOL. I. 8 8 Penal rent in respect of any covenant. breaches of covenant to be guarded against, then and in any and every such case paying during the then residue of the term hby granted as a further rent the yearly sum of £—, every such additional rent to commence from the day on which the breach of covenant in respect whof the same is payable as afsd shall happen, and to be payable thenceforth quarterly [half-yearly] without deduction in the same mner as the sd original rent of £--. IX. AND also as a further rent the sum of £and every in any week in which the lessee shall break or fail to breach of perform or observe any of the covenants and condons hinafter contd and on his pt to be performed or observed, such last mentd rent to commence on the day on which such breach, non-performance, or non-observance shall first happen, and to continue payable until the lessee shall specifically perform or observe and pay full damages and compensation to the satisfon of the lessor for the breach non-performance or non-observance of any of such covenants or condons, such last-mentd rent to be paid weekly without any deduction. Commence ment. The same LESSEE'S COVENANTS. I. AND the lessee doth hby for himself and his assigns, covenant with the lessor (n), in mner following, that is to say : II. AND the lessees do hby for themselves and their asfor several signs [and as a separate covenant each of them doth hby for lessees. himself and his assigns] covenant with the lessor in mner To pay rent. following, that is to say: III. THAT the lessee will, during the continuance of the term hby granted, or, "of the sd tenancy," pay [unto the (n) As to the statutory enactments making the benefit and burden of the lessee's covenants run with the land, see p. 618, note. As to the frame of the covenants to be entered into by the executors of a person who has agreed to take a lease, but died before completion, see Stephens v. Hotham, 1 K. & J. 571. lessor (o)] the sd yearly rent [respive yearly and other rents] hinbefore reserved at the times and in the mner at and in which the same is [are resply] hinbefore reserved and made payable without any deduction (except as afsd). IV. AND also will from time to time, and at all times To pay during the sd term [tenancy], pay and discharge [the land rates and taxes (p). tax and tithe rent-charge, and] all rates, taxes, charges, assessments, and outgoings whatsoever [whether parliamentary, parochial, local, or of any other description] which are now or may at any time hereafter be assessed, charged, or imposed upon the sd demised premes, or on the owner or occupier in respect thof, the [land tax and tithe rent-charge and] landlord's ppty tax only excepted. every three V. AND also will [in the year and thereafter] once in To paint every three years of the sd term [and also during the last outside year thof] [at the same time as and so as to correspond years. with the adjoining houses, or, "in such month as shall be appointed by the lessor,"] paint the outside wood and iron [and cement] work of the sd premes hby demised [and any additional buildings which may at any time during the sd term be erected thereon, or, " and all additions thto "] twice over in good oil and white-lead paint in a proper and workmanlike mner [and of a tint or colour to be approved by the lessor, his hrs, or assigns, and re-colour in imitation of stone the outside stucco or cement work, and once in every seven years of the sd term clean and repoint the external stone and brickwork of the sd premes.] inside every seven VI. AND also will [in the year and thereafter] once To paint in every seven years of the sd term [and also during the last year thof] paint all the inside wood and iron. work usually years. painted of the sd premes [and any such additional buildings as afsd, or, "and all additions thto "] with three coats of good oil and white-lead paint in a proper and workmanlike (0) See page 624, note (k). (p) See 5 Dav. Prec., p. 22; Elph. Introd. Conv., 270; Duke of Devonshire v. Barrow Steel Co., 2 Q. B. D. 286 ; Chaloner v. Bolckow, 3 Ap. Ca. 933; Budd v. Marshall, 5 C. P. D. 481 ; Allum v. Dickinson, Weekly N., 1882, 101. To paint inside and out when mner [and afterwards grain, marble, and varnish the parts usually grained, marbled, and varnished, and also wash, distemper, and whiten all ceilings, and colour all walls, and re-paper the rooms and staircase, and size and varnish the staircase paper in the usual mner]. VII. AND also will paint with two coats of good oil colour all the inside and outside wood and iron work of the sd required. premes [and all additions thto] as often as the same shall be required. Short form. use. The same. Short form. Qualification of covenant to repair perty is in VIII. AND also will from time to time, and at all times during the sd term, well and substantially repair, cleanse, maintain, amend, and keep the sd messuage and buildings and [all new buildings which may at any time during the sd term be erected on and all additions made to the sd demised] premes, and the fixtures therein, and the walls, fences, vaults, [roads, sewers,] drains, and appurts thof, with all necessary reparations, cleansings, and amendmts whatsoever [except substantial repairs to the main walls, roof, foundations, and main drains, or, "except such repairs as are hby agrd to be executed by the lessor," or, "fair and reasonable wear and tear excepted (q)," or, "except in case of destruction or damage by fire (r)"]. IX. AND also will during the sd term keep all the sd premes in good and tenantable repair and condon internally and externally [except, &c., as in last form]. (9) These last words are often inserted in leases contrary to the intention, as they go far to nullify the covenant to repair. (r) In cases where the property is in a defective state it may be well, if so intended, to insert the following qualification: "except such defective portions of the sd premes as are mentd in the schedule hto, where pro- which it shall not be incumbent on the lessee to keep or a defective deliver up in a better state of repair than at present: " or a proviso that, "the covenant hinbefore contd for the repair of the sd premes shall not render it incumbent upon the lessce to keep or deliver up the sd premes or any pt thof in a better state of repair or condon than the same are in at present." state. tain gar X. AND also will at all times during the said term main- To maintain the gardens and pleasure-grounds of the sd premes in dens and good order, and properly planted, and carefully preserve the pleasure grounds, timber-trees, and all ornamental and fruit-trees, bushes and &c. shrubs, which are now or may at any time during the sd term be growing on the sd premes, and replace such of the shrubs and plants as may die, or require replacing. XI. AND also will at all times during the sd term pay and To pay procontribute a rateable or due proportion of the expenses of expense of making, repairing, and cleansing all ways, roads, pavemts, maintaining roads, sewers, drains, pipes, water-courses, party-walls, or fences, or sewers, &c. other conveniences, which shall belong to or be used for the sd premes hby demised [or any additional buildings which may be erected as afsd] in common with other premes near or adjoining thto, such proportion [in case of difference to be settled by the surveyor for the time being of the lessor and] to be paid to the lessor on demand, and to be recoverable in like mner as rent in arrear. tribute ornamental XII. AND also will pay to the lessor the yearly sum of To con£ towards the expense, or, "a due proportion with the towards owners and occupiers of the other messuages fronting the keeping up garden and plantation hinafter mentd (such proportion to be garden or assessed by the surveyor for the time being of the lessor) of enclosure. the expense," of keeping the garden and plantation in the centre of the sd square in good order and condon, and repairing and painting the curb and iron railings surrounding the same, until the lessor shall give notice in writing that he will cease to keep up the same garden or plantation as afsd, and the contribution of the lessee towards such expense as afsd shall be recoverable by the lessor in like mner as rent in arrear; and upon such notice as last afsd being given by the lessor, and thenceforward during the continuance of the term hby granted, the lessee will, jointly with the lessees and occupiers of the other messuages fronting the sd garden and plantation, maintain the same in good order, and supply the same with fresh flowers, plants, and shrubs, and repair and paint the curb and iron railing sur |