contd, it shall be lawful for the landlord to re-enter upon the sd demised premes. follow power of lease of houses at separate III. PROVD ALSO and it is hby agrd, that the non-paymt of Proviso to the rent hby reserved, or the non-performance or nonobservance of any of the covenants, condons, and agreemts re-entry in herein contd in respect of any one of the sd messuages, several shall not authorise the re-entry of the lessor into or upon the others of the sd messuages, or any of them, but only rents. into or upon the particular messuage in respect whof such non-paymt or non-performance shall have happened, it being the intention that each of the sd messuages hby demised shall be held during the sd term hby granted separately from and independently of the others thof, and shall not be affected by any non-paymt of rent or breach of any covenant, condon, or agreemt in respect of any others or other of the sd messuages. shall be fire in IV. PROVD THAT in case the sd messuage, buildings, and That rent premes, or any pt thof shall at any time be destroyed or so suspended damaged by fire as to be unfit for occupation or use, and in case of shall not be rebuilt or reinstated by the lessor within three default of calendar months after the occurrence of such fire, then the lessor rebuilding. rents hby reserved, or a fair and just proportion thof, according to the nature and extent of the damage sustained, shall from and after the expiration of such three months, and until the sd premes shall have been rebuilt or reinstated, and made fit for occupation or use, be suspended and cease to be payable. V. PROVD ALWAYS and it is hby agrd that if any pt of the Power of sd [furniture] rent shall be in arrear for twenty-one days, distress (n). whether legally demanded or not, it shall be lawful for the lessor into and upon the sd and premes or any pt thof to enter and distrain, and the distress or distresses then and there found to dispose of in due course of law, and to apply the produce thof in or towards paymt of the sd yearly rent (p) This is not affected by the Bills of Sale Act, 1878. or the Amendment Act of 1882. Power to lessee to determine lease. Power to lessor to determine lease. Power to either lessor or off so in arrear, and all costs, charges, and expenses occasioned by the non-paymt thof. or VI. PROVD ALWAYS and it is hby agrd that if the lessee shall be desirous of determining this present lease at the expiration of the first years of the term hby granted, and of such his desire shall give calendar months' previous notice in writing to the lessor [or leave the same at or send the same by registered letter to his usual or last known place of abode in England], and shall pay and discharge all the rent, and perform and observe all the covenants hinbefore contd, and on the pt of the lessee to be performed and observed up to such determination, then and in such case, immediately after the expiration of the sd term of or years as the case may be, this present lease and everything herein contd shall cease and be void [without prejudice to any claim by the lessee against the lessor in respect of any antecedent breach of any covenant or condon herein contd (g)]. VII. PROVD ALWAYS and it is hby agrd that if the lessor shall be desirous of determining this present lease at the expiration of the first or years of the term hby granted, and of such his desire shall give calendar months' previous notice in writing to the lessee, or leave the same for him on any pt of the demised premes, then and in such case, immediately after the expiration of the sd term of or years as the case may be, this present lcase and everything herein contd shall cease and be void without prejudice to any claim by either pty against the other in respect of any antecedent breach of any covenant or condon herein contd. VIII. PROVD ALWAYS and it is hby agrd that, &c., continue as in form VI. down to "determination," or if the lessor, lessee to &c., continue as in form vII. down to "the demised premes, then and in either of the sd cases immediately after the determine lease. (g) The words in this bracket will be inserted if there are any covenants by the lessor other than for quiet enjoyment. years or expiration of the sd term of Short IX. PROVD ALWAYS that the sd tenancy shall be deter- The same. minable at the end of the first or years [at any form. time] by either pty on giving to the other pty—calendar months' previous notice in writing [expiring at any period of the year]. : at end of X. PROVD ALSO and it is hby agrd that the lessor shall be Power to entled, on giving written notice of his intention in that lessor to purchase behalf to the lessee at least one calendar month before the machinery determination of this present demise, or within one week lease (r). after the determination thof by re-entry, to pchase from the lessee any additional machinery, or effects of the nature of the machinery, or effects described in the schedule hereto, which may during this demise be put up or erected in or upon the sd premes by the lessee at a valuation. And in case the lessor shall not so agree to pchase the same, it shall be lawful for the lessee to remove the same. Power to hold. XI. PROVD ALWAYS that if the lessee shall before the day of give to the lessor, or leave at his last known lessee to purchase place of abode in England six calendar months' notice of the freehis desire to pchase the fee simple and inheritance of the premes hby demised, then the lessor shall, on the expiration of such notice, and upon paymt of the sum of £togr with interest thereon at the rate of per cent. per annum from the expiration of such notice till the completion of the pchase, and of all rent accrued due prior to completion, assure the sd premes unto the lessee for an este in fee simple in possion, free from incumbrances, except, &c. Provd that any such notice as afsd shall be (r) See also LEASES, MINING. Arbitration clause. Costs of agreement, &c. Interpre sufficient, though not addressed to any pson by name, or insufficiently addressed. Provd also that the title of the lessor to the premes having been already investigated and approved of by the lessee shall be deemed to be accepted by him up to the date of these presents. XII. AND IT IS HBY DECLD that if at any time hereafter any dispute, doubt, or question shall arise between the lessor and the lessee, touching the construction, meaning, or effect of these presents, or any clause or thing herein contd, or their respive rights or liabilities under these presents or otherwise in relation to the premes, [or in case any estimate or valuation shall require to be made under the provons hinbefore contd,] then every such dispute, doubt, or question, [estimate, or valuation,] shall be referred to the arbitration of two indifferent psons, one to be appointed by each party, &c., continue as in ARBITRATION, forms I., II., or III., p. 148, et seq., with verbal alterations referring to making the valuation if any. XIII. THE COSTS and expenses of and incidental to the preparation and execution of this agreemt and of the [every] lease and counterpart to be executed psuant thto, shall be paid by the lessee [and lessor in equal proportions]. XIV. PROVD LASTLY and it is hby decld, that the exprestation (s). sion "the lessor," or, "landlord," as hinbefore used, shall include, &c., see above, p. 619, note, whenever the case so requires or admits, and the expression "the lessee," or "tenant," as hinbefore used, shall include his exs, ads, or assigns, whenever, &c. (s) See above, p. 619, note. PRECEDENTS (a). I. AGREEMENT for TENANCY of HOUSE in a town from PREC. I. YEAR to YEAR. AGREEMT made this Short form. day of BETWEEN A., Parties. of, &c., hinafter called the landlord, of the one pt, and B., limited (a) It may be convenient here to mention some powers of leasing possessed Leasing by limited owners. As regards settled estates, a tenant in tail can grant a powers of lease of any nature by deed enrolled under the Fines and Recoveries Act, owners. 3 & 4 Wm. IV. c. 74 (see s. 21), and can under s. 41 grant without enrol- Settled ment a lease for not exceeding 21 years, where the rent is not less than five- estates. sixths of the rack rent; and a tenant for life or pur autre vie can, under the Settled Estates Act, 1877, 40 & 41 Vict. c. 18, ss. 46, 47, 48, 54 (but see s. 57, and as to copyholds, s. 56), grant leases except of the principal mansion house, &c., for any term not exceeding 21 years, at rack rent, and subject to other ordinary restrictions. The powers given by the last-mentioned enactments can by s. 49 be exercised on behalf of an infant, lunatic, or bankrupt tenant for life, &c., by his guardian, committee, or trustee, respectively (as to married women, see below). Other leases of settled estates can be granted with the sanction of the Court under the Settled Estates Act, and in the case of an infant tenant in tail under 11 Geo. IV. & 1 Wm. IV. c. 65, s. 17 (referred to below). But all the above mentioned enactments relative to settled estates are practically, to a great extent if not wholly, superseded by the Settled Land Act, 1882 (45 & 46 Vict. c. 38, passed since the preceding Settled Land Act, part of this volume was in print) which comes into operation on the 1st of January, 1883, and which applies to all settlements and agreements for settlements by deed, will, or otherwise, existing as well as future, of lands of any tenure (s. 2), including settlements by way of trust for sale (s. 63, whether the purchase-money is to be reinvested in land or not, the marginal heading of that section being erroneous). By that Act tenants for life as defined by s. 2 (5, 6, 7), and tenants in tail and other limited owners as defined by s. 58, are invested with very large powers of leasing, with or without fine (ss. 6-13, 15—17, 20, 31), fines being payable to the trustees to be dealt with as capital (see s. 42, which implies this, though it is not expressly provided for). But notice of the intended lease must be given to the trustees (s. 45, sub-sec. 2 of which appears to make it necessary in some cases where there is a sole trustee to appoint another before the powers of the Act can be exercised). See also 1882. |