LEASES (MISCELLANEOUS FORMS).

tenants (a).

I. PARTIES, A. and B., lessors, hinafter called the lessors, Lease by joint which expression shall include their hrs and assigns, where the context so requires or admits, 1; C., lessee, hinafter called the lessee, which expression shall include his exs, ads, and assigns, where the context, &c., 2: WITNETH, consideration, &c., the lessors do hby demise, &c., parcels, habendum, reddendum, to the lessors, covenants, by the lessee for himself and his assigns, with the lessors, using that expression throughout power for, the lessors, to re-enter: AND THE lessors do hby for themselves [and their assigns (b)] covenant, &c., to insure, &c., and for quiet enjoyment, without interruption by the lessors, or any pson claiming under them, or either of them; power to lessee to determine lease on giving notice, to the lessors or either of them, or leaving such notice at their or his respive usual or last-known place of abode.

common.

II. PARTIES, A., B., and C. hinafter called the lessors, which Lease by expression shall include their respive hrs and assigns, where tenants in the context so requires or admits, where some of the shares Variations are in settlement say, "shall include the pson or psons from of the time to time entitled to the reversion of the premes hby shares are

(a) The first twenty of these forms are intended merely to indicate the variations in each case from the common form of lease by an owner in fee to one lessee. As to using an interpretation clause, see p. 619, note. The variations for an underlease are given in the precedent of an underlease, p. 667.

(b) See note, p. 640.

where some

in settlement.

Lease to joint

demised expectant on the term hby granted," 1; D., hinafter called the lessee, which expression, &c., as in form 1., 2: WITNETH, consideration, &c., the lessors, according to their respive estes, rights [powers], and interests, do resply hby demise, &c., parcels, habendum, reddendum [to the lessors, according to their respive estes, rights, and interests, or omitting these words]; covenants by the lessee with, the lessors, and also separately with each of them; power to, the lessors, or either of them, to re-enter: AND THE lessors do hby for themselves resply [and their respive assigns (c)], covenant, &c., to insure, &c., and for quiet enjoyment, without interruption by the lessors, or either of them, or by any pson or psons claiming through or under them or either of them [or, the sd indre of settlemt, or, "will" (d)]; power to lessee to determine lease on giving notice, to the lessors or either of them, or leaving such notice at their or his respive, usual, or last-known place of abode.

III. PARTIES, A., hinafter called the lessor, which expression, tenants (e). &c., 1; B. and C., hinafter called the lessees, which expression shall include their exs, ads, and assigns, where the context so requires or admits, 2: WITNETH, consideration, the lessor doth hby demise unto the lessees, parcels, habendum, to the lessees, reddendum: AND THE lessees do hby for themselves and their assigns, covenant, &c., that they the lessees, using that expression throughout; proviso for re-entry on non-payment of rent or breach of covenant by, the lessees, [or if the lessees shall become bankrupt, &c.]; covenant by lessor with, the lessees, to insure, and for quiet enjoyment by, the lessees.

Lease to

tenants in common.

IV. PARTIES, A., hinafter called the lessor, which expres

(c) See note, p. 640.

(d) If the instrument is not mentioned before, say, "an indenture dated, &c., and expressed, &c.," or, "the will dated, &c., of the late X., of, &c." (e) The lessees' covenants in leases to joint tenants are often in practice made joint and several, as in leases to tenants in common, see the next

form.

sion, &c., 1; B. and C., hinafter called the lessees, which expression shall include their respive exs, ads, and assigns, where the context so requires or admits, 2: WITNETH, consideration, the lessor doth hby demise unto the lessees, parcels, habendum, to the lessees as tenants in common, reddendum: AND THE lessees do hby for themselves and their assigns, and as a separate covenant each of them doth hby for himself and his assigns covenant, &c., that they, the lessees, using that expression throughout, proviso for re-entry on non-payment of rent, or breach of covenant by, the lessees [or if the lessees shall become bankrupt, &c.]; covenant by lessor, with the lessees and their assigns, and also separately with each of them and his assigns, to insure, dc., and for quiet enjoyment by, the lessees.

limited

company.

v. PARTIES, The Co., Limited, hinafter called the Lease by co., which expression shall include their assigns where the context, &c., 1; B., hinafter called the lessee, which expression, &c., 2. This will be in the form for a lease by joint tenants, form 1., p. 795, using throughout the expression, the co, except that notices by the lessee may be given, to the co, or left at their registered office.

limited

VI. PARTIES, A., hinafter called the lessor, which expression, Lease to &c., 1; The Co, Limited, hinafter called the co, company. which expression shall include their assigns where the context so requires or admits, 2. This will be in the form for a lease to joint tenants, form III., p. 796, using throughout the expression, the co, except that the proviso for re-entry will, if so intended, include the case, if the co shall enter into liquidation, whether compulsory or voluntary, or if their assigns, not being a co, shall become bankrupt or enter into liquidation for the benefit of or compound with their or his creditors.

under

power by

VII. PARTIES, A., B., and C., trustees, hinafter called the Lease lessors, which expression shall include their hrs and assigns where the context so requires or admits, 1; [D., tenant for trustees having life, 2]; E., lessee, hinafter, &c., 3: WITNETH, considera- legal tion, the lessors, reference if thought fit to power [and with estate.

Variation

tenant for

consent and

covenant

for quiet enjoyment

(f).

where the consent hby testified of the sd D.] do hby demise, &c., life joins to parcels, habendum, reddendum, to the lessors, using that expression throughout; power for, the lessors, to re-enter: AND THE lessors do hby [for themselves and their assigns (g)] [to the intent to bind the reversion of the sd demised premes, but not so as to render themselves resply personally liable in damages for any breach of the covenants hinafter contd, except in respect of the acts of themselves resply, and their own respive hrs, exs, and ads] covenant, &c., to insure, &c., and for quiet enjoyment [or substitute covenant by D. for quiet enjoyment (h)]; power to lessee to determine lease as in lease by joint tenants.

Lease under a power by

trustees having no

VIII. PARTIES, A., B., and C., trustees, hinafter called the lessors, which expression shall include the psons or pson for the time being entled to the reversion of the hereds hby estate, the demised, expectant on the term hby granted (k), where the tenant for context so requires or admits, 1; D., tenant for life, 2; E., senting (f). lessee, hinafter called the lessee, which expression, &c., 3. WITNETH, consideration, the lessors, reference if thought fit to power, and with the consent (hby testified) of the sd D., do hby [appoint (1) and] demise, &c., parcels, habendum, red

life con

(f) If the powers of the Settled Land Act, 1882, are applicable (see p. 649, note), the consent of the tenant for life, or person having the powers of a tenant for life under the Act would be necessary under s. 56 to the exercise by the trustees of a leasing power. This would be a reason for granting the lease under the Act, and not under the power in the settlement. As to the case of the tenant for life, &c., being an infant or lunatic, see ss. 60, 62. This or the next form, as the case may require, may be used (omitting the tenant for life), for a lease by trustees where the tenant for life is an infant (under s. 60), the lessors being expressed to demise under the Act, as in form x. (g) See p. 640, note.

(h) Any merely personal covenant, such as that for quiet enjoyment, may be entered into by the tenant for life; but as, in this case, he is not "the lessor," it is doubtful whether the obligation of his covenants could be made to run with the reversion, see the Conv. Act, 1881, s. 11.

(k) Or, “shall include the psons or pson for the time being entled to receive the rents hby reserved;" see p. 619, note.

(2) The word "appoint," though appropriate, where the lease operates under the Statute of Uses, is not necessary.

dendum generally, Covenants by lessee with, the lessors, using that expression throughout. Power for, the lessors, to reenter: And the lessors do hby for themselves [and their assigns (m)] [to the intent, &c., as in last form,] covenant &c., to insure, &c., and for quiet enjoyment, without interruption by the lessors, or any person claiming under them or any of them. Power to lessee to determine lease on giving notice, to the lessors or any of them, or leaving the same at their or his usual or last known place of abode.

tenant for

a settle

will.

IX. PARTIES, A., tenant for life, hinafter called the lessor, Lease by which expression shall, &c., as in last form, 1; B., lessee, life under hinafter called the lessee, which expression, &c., 2. WIT- a power in NETH, consideration, the lessor, reference if thought fit to ment or power, doth hby [appoint (n) and] demise, &c., parcels, habendum, reddendum generally, covenants by lessee with, the lessor, using that expression throughout; power for, the lessor, to re-enter: AND THE lessor doth hby for himself [and his assigns (m)], covenant, &c., to insure, &c., and for quiet enjoyment, without interruption by the lessor or any pson claiming under or in trust for him, or under the sd indre of settlemt, or, "will" (o): Power to lessee to determine lease on giving notice, to the lessor, or leaving the same at his usual or last known place of abode.

tenant for life, or

x. PARTIES, A., tenant for life or other limited owner, Lease by hinafter called the lessor, which expression, &c., as in form viii., 1; [B., C., and D., trustees, 2;] E., lessee, hinafter other limicalled the lessee, which expression, &c., 3: WITNETH, under the consideration [if a fine is taken it will be paid to the trustees], Set

(m) See p. 640, note.

(n) See note (7) to last form.

(0) See p. 796, note (d).

ted owner,

Settled

1882. Variation

where a

fine is paid

(p).

(p) See above, p. 649, note. If a fine is taken, it seems doubtful whether Fines. the tenant for life can give a discharge for it; the trustees should, therefore,

be parties, or else should sign an endorsed receipt. The statutory power will Statutory be especially useful in the case of a settlement of leaseholds, as the tenant for power of life may, under s. 20, grant a legal lease without the concurrence of the leasing.

trustees, although the legal estate is in them; which could not have been done under the old law, leaseholds not being within the Statute of Uses.