Ordinary form.

Partnership

premises.

the

HABENDUM.

1. To hold the premes hby demised unto the lessee from

18—, or, “from the day of the date

of these psnts," or, "from the

for the term of

day of

now last past,"

yrs [subjt to the sub-tenancies in the

schdle hto mentd] or, "from yr to yr," for an underlease say "for the residue of third term of

days thof."

yrs, except the last

II. To hold the premes hby demised unto the lessees as jt tenants as pt of their co-ptnp este, from, &c.

Reservation of

rent (a).

Distress.

Reservation of rent.

Effect of

REDDENDUM.

I. PAYING therefor yrly durg the sd term hby gted, or, “the sd tenancy," & so in proportion for any less time than a yr (b), [unto the lessor (c)], the rent of £ to be pd (d) witht any dedon (except for [land tax (e) &] landlord's ppty tax) by eql

(a) As to the power to distrain for rent, see the Law of Distress Amendment Act, 1888 (51 & 52 Vict. c. 21); and as to bankruptcy, see the Bankruptcy Act, 1883 (46 & 47 Vict. c. 52), s. 42, as altered by the Bankruptcy Act, 1890 (53 & 54 Vict. c. 71), s. 28; and as to companies in liquidation, see the Companies Act, 1862, s. 163. As to agricultural holdings, see the Agricultural Holdings (England) Act, 1883 (46 & 47 Vict. c. 61), Part II., as altered by 51 & 52 Vict. c. 21.

(b) When these words are inserted it is unnecessary to insert form No. vI., post. As to the apportionment of the liability to the rent where the lease is assigned between two rent-days, see Swansea Bank v. Thomas, 4 Ex. D. 91.

(c) It is sufficient to reserve the rent generally without specifying to whom; this was so before the Conv. Act, 1881 (see Elph. Introd. 250), and now by that Act, s. 10, the rent reserved by a lease is in all cases expressly annexed to the reversion, see above, p. 670, note. As to the case where the Conv. Act, reversion is in mortgage, see the Judic. Act, 1873, s. 25 (5). The words in brackets may therefore be omitted, and in the case of a lease under a power or by several lessors having various interests, it is better to do so, unless "lessor" is defined to include the reversioner or reversioners for the time being, see p. 671, note.

1881.

As to land

tax and

(d) If several rents are reserved, say, "all wch rents or sums hinbfe reserved or made payable as rent shl be pd," &c.

(e) As to the right to deduct land tax, see Andrew v. Hancock, 1 B. & B. 37. A provision that the tenant may deduct the tithe rent-charge is now

tithe.

day of

66

qtrly [half-yrly] paymts on the
&c., or, on
the four usual qtr days," in every yr the first of such paymts
to be made on the day of next (f), [& the last pymt
to be made in advce one calr month bfe the expiron of the
sd tenancy or immedly on the determinon thof in the event
of the same being determined by re-entry under the provo in
that behalf hinafter contd].

payable in

II. PAYING, &c., as above, the rent of £ to be pd in Rent advce witht any dedon (except, &c.), by four eql qtrly paymts, advance the first of such paymts for the qtr endg on the

day of (9).

next to be made on the exon of these psnts, & the subseqt paymts to be made in advce for each qtr on the

day of

III. PAYING, &c., the respive rents follg (that is to say, durg Varying rent (h). the first & second yrs of the sd term the yrly rent of £, & durg [the next yrs of the sd term the yrly rent of £- & durg] every subseqt yr of the sd term the yrly rent of £, such respive rents to be pd witht any dedon (except, &c.) by eql qtrly [half-yrly] paymts, &c. IV. PAYING, &c., durg the first

yrs of the sd term the Peppercorn

unnecessary and out of place, as the tithe is under the Tithe Act, 1891 (54
Vict. c. 8), s. 1, leviable against the landlord and not the tenant, and any
contract made after the Act making it payable by the tenant is void.
(f) If the lease is not executed till after its commencement and some rent
has already become due and been paid, say, "the first of such paymts
after the date of these psnts in respt of the now current half
yr [qtr] to be made on the
"Provd that the rent already pd by the lessee in respt of his
occupon of the premes since the day of shl be in
satisfon as far as the same extends of the rent already accrued
due under this demise."

day of next," or add :

(g) As to the right to distrain for rent payable in advance, see London, &c. Loan, &c., Co. v. London & North-Western Ry. Co., [1893] 2 Q. B. 49; Shackell v. Chorlton, [1895] 1 Ch. 378.

rent.

As to rent already paid.

varying

lease under

rent in

power.

(h) Where the lease is of settled land under a power (express or statu- As to tory) requiring the best rent to be reserved, an increasing rent cannot be reserved unless expressly authorised (Re Hallett, 24 Ch. D. 624), the objection being that if the next remainderman is a tenant for life, this might operate to his prejudice; and à fortiori a diminishing or fluctuating rent would be bad. In the case of building leases a peppercorn rent, or other rent less than the full rent, may be reserved during the first five years or any part thereof, under the Settled Land Act, 1882, s. 8 (2).

Separate rent for

each house

in lease of

several

houses.

ate rent on term

rent of a peppercorn if demanded, & durg the residue of the sd term the yrly rent of £, such last-mentd rent to be pd witht any dedon (except, &c.) by eql qrtly [half-yrly] paymts, on, &c., & the first paymt thof to be made on, &c.

v.

V. PAYING, &c., the rent of £ for each of the sd six messes hby demised, makg an aggregate yrly rent of £for all the sd messes & premes, to be pd, &c.

VI. AND also paying in the event of the sd term being deProportion- termined betn two of the sd qrtly [half-yrly] days by reentry [or notice] under the provo [respive provoes] in that ceasing by behalf hinafter contd, a proportionate pt of the sd rent for the fraction of the current qtr [half-yr] forthwith on such determon (a).

re-entry or

notice.

Insurance rent (b).

Penal rent

on breach

VII. AND also paying by way of further or addonal rent from time to time a sum or sums of moy eql to the amt wch the lessor may expend in effectuatg or maintaing the insce of the sd premes agst loss or damage by fire [or accident] as hinafter mentd; such last-mentd rent to be pd witht any dedon on the qtrly [half-yrly] day for paymt of the rent next ensuing after the expenditure thof.

VIII. AND also if & so often as the lessee shl, contrary to his of covenant covts in that behalf hinafter contd, here specify breaches of cort (c). to be guarded agst, then & in any & every such case paying durg the then residue of the term hby grted as a further rent the yrly sum of £- -, every such addonal rent to commce from the day on wch the breach of covt in respt whof the same is payable as afsd shl happen, & to be payable thenceforth qtrly

As to penal rents.

(a) See the Apportionment Act, 1870 (33 & 34 Vict. c. 35), ss. 2 and 3. (b) This is probably effectual as a means of obtaining the right of distress, being as it seems not affected by the Bills of Sale Acts.

(c) 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 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 alternative remedies to the lessor either by ejectment for breach of covenant, or injunction or recovery of the penal rent: Weston v. Managers of the Metropolitan Asylums District, 8 Q. B. D. 387; 9 Q. B. D. 404; see Elph. N. & C. Interp., pp. 430 et seq. 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. J. 489. No additional stamp is required in respect of a penal rent, see the Stamp Act, 1891, s. 77 (1).

[half-yrly] witht dedon in the same mner as the sd origl rent of £

IX. AND also as a further rent the sum of £ in any & every week in wch the lessee shl break or fail to pform or observe any of the covts & condons hinafter contd & on his pt to be pformed or observed, such last-mentd rent to commce on the day on wch such breach, non-pformce, or non-observce shl first happen, & to continue payable until the lessee shl specifically pform or observe & pay full damages & compenson to the satisfon of the lessor for the breach, non-pformce or nonobservce of any of such covts or condons, such last-mentd rent to be pd weekly witht any dedon.

Penal rent

in respect

of any

breach of

covenant.

LESSEE'S COVENANTS.

1. AND the lessee doth hby for himself, & his assns, covt with Commencethe lessor (d) in mner follg, that is to say:

ment.

II. AND the lessees do hby for themselves, & their assns [& as The same a septe covt each of them doth hby for himself, & his assns] for several lessees (e). covt with the lessor in mner follg, that is to say:

III. THAT the lessee will, durg the continuce of the term hby To pay grted, pay unto the lessor (f) the sd yrly rent [respive yrly & rent. other rents or sums of moy] hinbfe reserved & made payable at the times & in the mner at & in wch the same is [are resply] hinbfe reserved & made payable with any dedon (except as afsd).

IV. AND also will from time to time, & at all times durg the To pay

(d) As to the statutory enactments making the benefit and burden of the lessee's covenants run with the land, and the wording of the covenant, see p. 670, 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.

(e) In a lease to several, whether as joint tenants or in common, it should be clearly expressed whether they are to be liable severally as well as jointly; as to the law on this subject, see White v. Tyndall, 13 App. Cas. 263; Elph. N. & C. Interp., p. 434.

(f) The words "unto the lessor' are unnecessary, and perhaps better omitted; see p. 670, note (b).

rates and taxes (g).

(g) See Elph. Introd. 254. This covenant inclu les charges for drainage, As to paving, &c., imposed by local authorities under the Public Health or drainage

To pay lessor's costs of

sd term, pay & dischge all rates, taxes, chges, assessmts, & outgoings whatsr, whether parliamentary, parochial, local, or of any other descripon, wch are now or may at any time hrafter be assessed, chged, or imposed upon the sd demised premes, or the owner or occupier in respt thof, the [land tax (a) &] landlord's ppty tax only excepted.

V. AND also will pay unto the lessor all costs, chges & expses, includg legal costs & fees payable to a surveyor, wch proceedings may be incurred by the lessor in or in contemplon of any Conv. Act, pcdgs under the 14th section of the Conveg & Law of Ppty 1881, s. 14 Act, 1881.

under

(b).

To paint outside every three years.

and paving charges.

Variations as to outside

painting,

&c.

VI. AND also will [in the yr

& thrafter] once in every three yrs of the sd term [& also durg the last yr thof] (c) paint the outside wood & iron [& stucco or cement] work of the sd demised premes [& any addonal bldgs wch may at any time durg the sd term be erected thron, or, " & all addons thto" (d)] with two coats of good oil & white-lead paint in a pper & workmanlike mner.

Metropolis Management Acts: Budd v. Marshall, 5 C. P. D. 481; Aldridge v. Ferne, 17 Q. B. D. 212; Batchelor v. Bigger, 60 L. T. 416; W. N. 1889, 51; Smith v. Robinson, [1893] 2 Q. B. 53; in a short tenancy, therefore, they should be excluded by excepting "any sums recoverable from the lessor by any local or other public authority under the provisions of the Public Health Acts," or as the case may be; see Allum v. Dickinson, 9 Q. B. D. 632; Wilkinson v. Collyer, 13 Q. B. D. 1, where the form of the covenant was different; Re Crawley, 28 Ch. D. 431. Such a covenant by the landlord does not include water rate, Badcock v. Hunt, 22 Q. B. D. 145.

(a) As to tithe, see p. 676, note (e).

(b) See Skinners Co. v. Knight, [1891] 2 Q. B. 542. The Conv. Act, 1892, s. 2, appears not to entitle the lessor to recover his costs of employing a solicitor or surveyor in case the lessee avoids the forfeiture by complying with the notice. It is by no means certain that assigns of the lessee are bound to perform this covenant.

(c) The following addition may occasionally be proper here:-" at the same time as & so as to correspond with the adjoing houses: or "in such month as shl be from time to time appted by the lessor in that behalf;" and the following may sometimes be added at the end of the covenant :-" & of a tint or colour to be approved by the lessor, & recolour in imiton of stone the outside stucco or cement work, & once in every seven yrs of the sd term clean & repoint the external stone & brickwork of the premes."

(d) As to the importance of the words in brackets, see Cornish v. Cleife, 3 H. & C. 446.