General covenant by an under lessee to perform the cove nants in the head lease (f). XLV. AND also will at all times during the sd term duly perform and observe all the covenants, agreemts, and provons affecting the sd premes hby demised which are contd in the superior lease of the sd premes dated, &c., and on the pt of the lessee thereunder to be performed and observed, except the covenants for paymt of rent, &c., here specify any other exceptions, and will not at any time do, omit or suffer anything whby such superior lease may be avoided or forfeited; And will at all times keep indemnified the lessor against all actions, proceedings, costs, damages, claims, demands, and liability, for, or in respect of, any breach which may be committed during the sd term of any of the sd covenants, agreemts and provons, except as afsd. Commencement. The same. Several lessors. To pay rates and LESSOR'S COVENANTS. I. AND the lessor doth hby [for himself and his assigns (g)], covenant with the lessee [in mner following: that is to say:] II. AND the lessors do hby [for themselves resply and their respive assigns (g)], covenant, &c. III. THAT the lessors will during the sd term pay all existtaxes (). ing and future rates, taxes, charges, and outgoings whatsoever, whether parliamentary, parochial, or local, for the time being payable in respect of the sd demised premes, [except such and such pts of the sd rates, taxes, charges, and outgoings, as are hinbefore covenanted to be paid by the lessee.] (f) See Penley v. Watts, 7 M. & W. 601; Hornby v. Cardwell, 30 W. R. 263, 8 Q. B. D. 329; 26 Sol. Journ. 528, 544. (g) As to the statutory provisions making the benefit and obligation of the covenants run with the land, see p. 618, note. The words in brackets binding the assigns of the lessor are of course inappropriate for a mere personal covenant, such as the covenant for quiet enjoyment; and having regard to the Conv. Act, 1881, s. 11, appear to be unnecessary even where the obligation of the covenant is intended to run with the land, unless it relates to other adjoining land, see p. 619, note. (h) See 5 Dav., Prec. 22. Elph. Introd. Conv. 271. IIIA. AND ALSO will at all times during the sd term keep To repair the outer walls, roof, and outside of the sd messuage and outside of buildings in proper and substantial repair. premises. part of a house to be used as offices. IV. AND ALSO will at all times during the sd term, keep To repair the main walls and timbers, roof, drains, and exterior of the in lease of sd building and premes, and the staircase, passages, waterclosets, and lavatories, and such other internal pts thof as shall from time to time be used by the lessee, in common with the owners or occupiers of the other rooms or offices in the sd building, in good and substantial repair, and in clean and proper order and condon. V. AND ALSO will at his own cost at all times during the To insure. sd term insure and keep insured the sd demised messuage and premes against loss or damage by fire in some insurance office of repute in the sum of £ at the least, and will, whenever required, produce to the -Short VI. AND ALSO will insure the sd premes against fire, and The same. in case of destruction or damage by fire, will rebuild or form. reinstate the same. in build so VII. AND ALSO that no building or erection shall at any Not to time during the sd term be erected or placed in the garden to obstruc or rear of the house No. Street, and abutting lights. on the east side of the sd premes hby demised, so as in any mner to obstruct or interfere with the access of light or air to the same premes. VIII. AND THAT the lessee paying the rent[s] hby reserved, For quiet enjoyment. and performing and observing the several covenants, condons, and agreemts herein contd, and on his pt to be performed VOL. I. T T The same. Short form. Covenant by trustee against incum brances (k). Covenant in under and observed, shall and may peaceably and quietly hold and enjoy the sd premes hby demised during the term hby granted without any lawful interruption or disturbance from or by the lessor, his hrs or assigns, or any pson or psons claiming under or in trust for him (¿). IX. THAT THE tenant, so long as he shall pay the rent hby reserved, and perform the covenants on his pt herein contd, may hold and quietly enjoy the sd premes during the sd term without interruption by the landlord, or any person claiming under or in trust for him. X. THAT THE lessor has not done or knowingly omitted or suffered, or been party or privy to anything whby the premes hby demised or any pt thof are, is, or may be in any mner incumbered, or whby he is prevented from demising the same or any pt thof in mner afsd. XI. AND ALSo that the lessor will from time to time here As to implying covenants for title. (i) Covenants for title, &c., cannot be implied in a lease by making the lessor "beneficial owner demise as or as "trustee," &c., see the Conv. Act, 1881, s. 7 (5). As to the covenant implied by the word "demise," see Elph. Introd. Conv. 285. If several houses are demised by one lease at separate rents, say, "several yearly rents hby reserved," "several covenants, &c., in respect of each of the sd messuages and premes respively," "the sd several premes." Covenants (k) Compare forms VII. and VIII., pp. 379, 380. Where a trustee, executor, by trustees. or mortgagee grants a lease without the concurrence of any other person willing to covenant, he often gives the covenant for quiet enjoyment, as the liability under it is not very onerous; but it is conceived that in strictness a trustee, executor, or mortgagee cannot be compelled, even where the lease is granted pursuant to a contract entered into by the settlor, testator, or mortgagor (see the Conv. Act, 1881, s. 18, sub-s. 12), to enter into any covenant except that he has not incumbered. See Worley v. Frampton, 5 Hare 560, and the cases there cited, and the cases cited Dart V. & P., 5th ed., p. 550, note (t), which arose on covenants for renewal, but the principle of which appears to apply equally to other descriptions of covenant. Where an executor grants an underlease pursuant to his testator's contract, the covenant may be qualified by adding the words, "but not so as to incur any personal liability except in respect of his own acts and defaults to an extent exceeding the assets of the sd testator which may come to his hands." of a fine. after (but at the cost of the lessee) use his best endeavours lease for perpetual to procure from the superior landlord of the sd premes hby renewal on demised [psuant to the covenant in that behalf contd, or payment to be contd in the superior lease, or any renewal thof,] a new lease or leases of the said premes, and that thereupon, and when, and so often as the said superior landlord shall grant and execute to the lessor such new lease or leases as afsd, the lessor will within days next after he shall obtain such new leases respively, at the request and cost of the lessee, execute to him a new lease of the sd premes at and under the same rent, and with and subjt to the like covenants, provons, condons, and agreemts as are in and by these presents reserved and contd, by way of renewal for the further term of years to be computed from the end of the first years of the term hby granted, and so on from time to time for ever hereafter at the end of every years, the lessee paying for every such renewal at the time of the execution of the renewed lease unto the lessor, the sum of £ -, being -years' clear ground rent, by way of fine, togr with all arrears of rent, and executing a counterpart of every such renewed lease. PROVISOES. I. PROVD ALWAYS and these presents are upon this condon, Power of that if the sd yearly rent[s] hby reserved [or any of them], re-entry(?). (1) The power of the Court to relieve against forfeiture under a power of re- Relief entry in a lease, which previously applied only to non-payment of rent (as to against which see Elph. Introd. Conv., 249), and breach of covenant to insure (22 & forfeiture. 23 Vict. c. 35, s. 4), has been extended by the Conv. Act, 1881, s. 14, to all cases except (sub-s. 6) a covenant or condition against assigning or underletting, &c., or a condition for forfeiture on bankruptcy, or taking the lessee's interest in execution, or, in the case of a mining lease, a covenant or condition for allowing the lessor to inspect the books, weighing machines, &c., or the workings; the lessor being precluded (sub-sec. 1) from enforcing the forfeiture unless the lessee fails, within a reasonable time after notice served on him by the lessor, to remedy the breach, if capable of remedy, and to make reasonable The same. Short form. Frame of power of re-entry. As to or any pt thof, shall at any time be in arrear or unpaid for twenty-one days after the same shall have become due (whether any formal or legal demand thof shall have been made or not), or if the lessee shall at any time fail or neglect to perform or observe any of the covenants, condons, or agreemts herein contained and on his pt to be performed and observed, [or if the lessee, while the sd demised premes or any pt thof shall remain vested in him, shall become bankrupt, or shall enter into liquidation for he benefit of or compound with his creditors, or if the ssigns of the lessee being a company shall enter into liquidation whether compulsory or voluntary (n),] then and in any such case it shall be lawful for the lessor, or any pson or psons duly authorised by him in that behalf into or upon the sd hby demised premes, or any pt thof in the name of the whole, to re-enter (o), and the said premes peaceably to hold and enjoy thenceforth, as if these presents had not been made, without prejudice to any right of action or remedy of the lessor, in respect of any antecedent breach of any of the covenants by the lessee hinbefore contd. II. PROVD ALWAYS that if the rent hby reserved, or any pt thof, shall be in arrear for twenty-one days after the same shall become due, or in the event of any breach of any of the covenants and agreemts on the pt of the tenant herein compensation in money to the satisfaction of the lessor; and (sub-sec. 2) the Court can give relief on such terms as it thinks fit. As to the power of re-entry extending to the bankruptcy, &c., of the lessee, see Hodgkinson v. Crowe, L. R. 19 Eq. 591; and as to the power of re-entry on breach of covenant, see the same case on appeal, L. R. 10 Ch. Ap. 622; as to the importance of extending the proviso to the breach of negative covenants, see Hyde v. Warden, 3 Ex. D. 73; Evans v. Davis, 10 Ch. D. 747; West v. Dobb, L. R. 5 Q. B. 460. The variations required for a lease to a company can readily be made from this form; see LEASES, MISCELLANEOUS. (n) See Wettey Brick & Pottery Co., 30 W. R. 445. (0) The words often inserted authorising the lessor to effect a forcible authorising entry and eject the lessee are omitted, as such an authority cannot lawfully be given Edwick v. Hawkes, 18 Ch. D. 199. a forcible entry. |