covenants. p. 632 (g)] not to make alterations in premises, p. 635 (h) [not PREC. VIII. to assign [or underlet] without license, p. 638, or, to give notice of assignments, p. 638]; Proviso for re-entry, p. 643 [proviso for cesser of rent on destruction by fire, p. 645]: AND Lessor's THE lessor doth hby [for himself and his assigns, see p. 640, note] covenant with the lessee [in mner following, that is to say, to insure and rebuild in case of fire, p. 641]; for quiet enjoyment, p. 641 [Power to lessor or lessee or both to determine lease at end of first seven or fourteen years, p. 646]. IN WITNESS, &c. IX. LEASE of a NEWLY ERECTED HOUSE for NINETY- PREC. IX. where the house is UNFINISHED (a). THIS INDRE, made the day of BETWEEN Parties. covenant to pay proportion of expense of maintaining roads, sewers, &c., p. 629, or square, p. 629, mutatis mutandis. Where adjoining property belongs to the lessor insert, if required, power to lessor to enter to repair adjoining premises, p. 631. (g) If the lessor is to insure, this covenant will be omitted, and if so agreed substitute the covenants, to repay to lessor the sums paid for insurance, p. 632, and not to do anything to increase rate of insurance, p. 633. If the house is to be used as a shop, add, if so agreed, the provisions for insurance of the windows against accident, p. 632. (h) If adjoining property belongs to the lessor, insert here if required, covenant to use as private dwelling-house only, p. 636, not to do any act to the damage or annoyance of the lessor or his tenants, p. 637, to permit lessor to lay down gas and waterpipes, &c., in connection with adjoining property, p. 639. If the house is to be used as a shop, instead of the covenant to use as a private house, insert if required, covenant not to carry on offensive trades, p. 637. (a) For the variations where it is situate in a private road or square, and Witnesseth. PREC. IX. A., of, &c., hinafter called the lessor, which expression shall include, &c., see p. 618, note, of the first pt, B., of, &c., builder, of the second pt, and C., of, &c., hinafter called the lessee, which expression shall include, &c., of the third pt, WITNETH that in conson of the expense incurred by the sd B. in erecting the messuage hby demised, and of the sum of £ now pd to the sd B. by the lessee (the rect, &c.), and of the rents and covenants on the pt of the lessee, and condons hinafter reserved and contd, the lessor, by the direction of the sd B., doth hby demise unto the lessee ALL THAT piece of land situate on the south side of a new road or street intended to be called Street, and ALL (b) THAT messuage or dwelling-house and out-buildings erected or now in course of erection on the sd piece of land, and called or intended to be called No. Street, reference to plan, p. 620, form ii., TO HOLD the premes hby demised UNTO the lessee from the Demise. Parcels. Haben. dum. Lessee's covenants. day of [now last past] for the term of ninety-nine years, reservation of rent of a peppercorn during first years and afterwards of £, p. 625, form iv. [insurance rent, p. 625] [iƒ so agreed, penal rents, p. 626]: AND THE lessee doth hby for himself and his assigns covenant with the lessor in mner following, that is to say, to pay rent, p. 626, and rates and taxes affecting premises, "or any erections thereon or additions thereto," p. 627 ; [if house, &c., is not complete, to finish it, p. 634, mutatis mutandis]; to paint outside and inside "the sd premes and all additions thto," p. 627, and to repair, p. 628; to deliver up at end of tenancy in good repair, p. 630; to permit lessor to enter and view, and repair on notice, p. 630; power to lessor to take inventories of fixtures during last seven years, p. 631; to insure and rebuild in case where it may be used as a shop, and where the vendor has other adjoining property, see the last Precedent; and for the variations for a lease granted under a power and for several lessors and lessees and other special cases, see "LEASES MISCELLANEOUS." (b) See p. 664, note (b). of fire, p. 632; [to give notice of assignments of lease, p. 638; PREC. IX. not to assign or underlet during the last year without licence, p. 638]; power of re-entry, p. 643: AND THE lessor doth hby (c) covenant with the lessee, for quiet enjoyment, p. 641. UNDERLEASE of a HOUSE in TOWN. VARIATIONS PREC. X. where OTHER PROPERTY is comprised in the head lease (a). THIS INDRE, made, &c., BETWEEN A., of, &c. (hin- Parties. after called the lessor, which expression shall include, &c., see p. 619, note, of the one pt, and B., of, &c. (hinafter called the lessee), which expression shall include, &c., of the other pt, WITNETH that in conson of the rent hinafter Wit (c) See p. 640, note. nesseth. (a) See note, p. 658. If the license of the superior landlord is required to License of the underlease, and he is made a party for the purpose, the head lease should superior be shortly recited, setting forth the covenant against assignment and under- landlord. letting, with the addition of the following recital: "AND WHAS the sd X., superior landlord, has agrd to concur in these presents for the ppose of giving his consent to the underlease hby granted in mner hinafter expd," and the demise will be expressed to be with the consent (hby testified) of the sd X.," and a proviso should be added, "that the license hinbefore given by the sd X. to this present demise shall not be deemed to authorise any further assignmt or underletting.' See LICENSES. If a separate license is given, which is much more usual and convenient, it need not be referred to in the underlease. 66 An underlease is not destroyed by the original lessee becoming bankrupt, Effect of and his trustee disclaiming under the Bankruptcy Act, 1869, s. 23, but the disclaimer disclaimer does not affect the right of the original lessor to recover the rent by trustee reserved and enforce the covenants contained in the original lease by distress or entry, Ex parte Walton, 17 Ch. D. 746; Smalley v. Harding, 7 Q. B. D. in bank ruptcy of original 524. lessee. Demise. Parcels. Lessee's covenants. PREC. X. reserved and the covenants by the lessee hinafter contd, the lessor doth demise unto the lessee, ALL THAT messuage or tenemt, &c., which are held [togr with other hereds] by the lessor under a lease dated, &c. [subjt to the reservations contd in the sd superior lease of the right, &c., state reservations, if any, in superior lease: AND EXCEPT and reserving unto the lessor, &c., additional reservations, if any, to sub-lessor]. Habendum, p. 623; Reservation of rent, p. 623 AND THE LESSEE doth hby for himself and his assigns, covenant with the lessor, &c., to pay rent, p. 626: AND ALSO, &c., here insert covenants similar to those in the head lease, or such of them as are to be performed by the lessee, substituting throughout the sub-lessor for the ground landlord, and the sub-lessee for the original lessee, except that in the covenant to permit lessor to enter and view and to repair on notice, the power to enter and view will be reserved to, and the notice to repair will be given by "the lessor, or the superior landlord, and their respive agents," add the other covenants, if any, to be entered into by the lessee, [and a general covenant to perform covenants in head lease, other than for payment of rent and any other excepted covenants, &c., p. 640. AND ALSO will allow the lessor to enter on the sd demised premes and to perform thereon any of the covenants and agreemts on the pt of the sd, original lessee, contd in the superior lease of the sd premes, which may be necessary to prevent a forfeiture of the sd superior lease.]: Proviso for re-entry, p. 643 AND THE lessor doth hby for himself and his assigns (b) covenant with the lessee, for quiet enjoyment, p. 641: [AND ALSO will during the sd term pay the rent reserved by the sd indre of lease of the day of Lessor's Covenants. To pay superior rent. Perform in head the first day on which the same shall be payable: AND WILL covenants perform and observe the covenants on the pt of the sd, original lessee, contd in the superior lease to, here specify any covenants in the head lease which are to be performed by lessor in respect of the demised premises, and if the head lease lease. (b) See p. 640, note. comprises other property, add, "AND WILL (a) perform and PREC. x. observe all the covenants, agreemts, and provons on the pt of the original lessee contd in the superior lease of the sd premes, so far as the same affect the premes comprd therein and not hby demised." Statutory acknowledgment and undertaking by A. as to production of superior lease, p. 391]. IN WITNESS, &c. XI. UNDERLEASE of Business OFFICES to Two Persons as Co-PARTNERS (b). PREC. XI. THIS INDRE made, &c., BETWEEN A., of, &c. (hinafter Parties. called the lessor), which expression shall include, &c., see p. 619, note, of the one pt, and B., of, &c., and C., of, &c., trading in co-ptnship under the style of Messrs. B. & Co. (hinafter called the lessees), which expression shall include, &c., of the other pt: WITNETH that in conson of the rent Witnesseth. and covenants by the lessees and condons hinafter reserved and contd, the lessor doth demise and lease unto the lessees, Demise ALL THOSE four rooms, offices, or apartmts, situate and Parcels. being on the floor at No. Street, in the county of in and now and for some time past in the tenure or occupation of the lessees, TOGR WITH free ingress Right of and egress for the lessees, to and from the sd demised way. premes along and through the common staircases and passages of the sd building, at all times during the term hby granted between the hours of in the morning and in the night on every day in the year (Sundays, GoodFriday, and Christmas-Day, and all other general holidays 66 (a) In lieu of this covenant the following words may be added at the end of the covenant for quiet enjoyment, or occasioned by any default or neglect by the lessor or any other pson in the performance or observance of the covenants, &c.," as in the text. (b) See p. 658, note. |