inside

every seven

VII. AND also will [in the yr & thrafter] once in every To paint seven yrs of the sd term [& also durg the last yr thof] paint all the inside wood & iron work usually painted of the sd years. demised premes [& any such addonal bldgs as afsd, or, “& all addons thto" (e)] with three coats of good oil & white-lead paint in a pper & workmanlike mner (f).

inside and out when required.

Short

form.

To keep in

VIII. AND also will paint with two coats of good oil colour all To paint the inside & outside wood & iron work of the sd premes [& all addons thto (e)] as often as the same shl be required. IX. AND also will from time to time, & at all times durg the sd term, well & substantially repair, cleanse, maintain, amend, & keep the sd messe & bldgs & [all new bldgs wch may at any repair, time durg the sd term be erected on & all addons made to the variations. sd demised (e)] premes, & the fixtures thrin, & the walls, fences, vaults [roads, sewers], drains, & appurts thof with all necy reparons, cleansgs, & amendmts whatsr (g).

(e) See note (d), p. 680.

(ƒ) The following addition may sometimes be proper:-" & aftwds grain, marble, & varnish the pts usually grained, marbled, & varnished, & also wash, distemper, & whiten all ceilgs, & colour all walls, & re-paper the rooms & staircase, & size & varnish the staircase paper in the usual mner."

with

Addition

to covenant to paint.

tions of covenant

(g) The following addition may sometimes be desirable :-" AND also will, when & so often as any fixtures belonging to the premes shl so require, substitute other fixtures of a similar descripon & value to the satisfon of the surveyor of the lessor." The Qualificacovenant may sometimes require to be qualified by adding:-"except substantial repairs to the main walls, roof, foundons, & main to repair. drains," or, "except such repairs as are hby agrd to be exted by the lessor," or, "except in case of destron or damage by fire." In cases where the property is in a defective state it may be well, if so intended, to insert the following qualification:-"except such defective portions of the sd premes as are mentd in the schdle hto, wch it shl not be incumbent on the lessee to keep or deliver up in a better state of repair than at psnt;" or a proviso that, "the covt hinbfe contd for the repair of the sd premes shl not render it incumbent upon the lessee to keep or deliver up the sd premes or any pt thof in a better state of repair or condon than the same are in at psnt."

The principles governing the construction of the ordinary repairing As to effect

old house.

X. AND also will durg the sd term keep all the sd premes & the fixtures, paintg, paperg & decorons thof in good & tenantable repair, order & condon internally & externally.

XI. AND also will at all times durg the sd term maintain the gardens & pleasure-grounds of the sd premes in good order, & pperly planted, & carefully preserve the timber-trees, & all ornamental & fruit trees, bushes & shrubs, wch are now or may at any time durg the sd term be growg on the sd premes, & replace such of the shrubs & plants as may die, or require replacg.

XII. AND also will exte all such works as are or may under or in psuance of any Act or Acts of Parliamt already passed or hrafter to be passed be directed or required by any local or public authority to be exted at any time durg the sd term upon

of covenant covenants in leases, such as a covenant to keep in "tenantable repair,” or in lease of (which is substantially the same thing) in "good repair," were considered, and the prior cases discussed, in Proudfoot v. Hart, 25 Q. B. D. 42, by the Court of Appeal, by whom the law was laid down (in a manner differing materially from the rules enunciated in the Court below) to the effect, which seems reasonable, that the lessee under such a covenant is bound to keep the house in and, if need be, put it into such repair as makes it reasonably fit for occupation by the class of tenants who would be likely to take it, regard being had to its age and character, although this may involve putting an old house into better repair than it was in at the commencement of the lease, even to the extent of having to renew any part which is past repair; but if the house can be made fit for such occupation by merely patching up defects, the tenant is not bound to do more. In Lister v. Lane, [1893] 2 Q. B. 212, it was held by the Court of Appeal that if the defect is an inherent one caused by original faulty construction, the lessee would not be liable to make it good under such a covenant. See also as to "tenantable repair,” Crawford v. Newton, 2 Times L. R. 877; and as to the measure of damages for breach of a covenant to repair, Morgan v. Hardy, 17 Q. B. D. 770; Henderson v. Thorn, [1893] 2 Q. B. 164.

As to excepting

fair wear and tear.

The qualification" fair and reasonable wear and tear excepted" is occasionally required, and frequently finds its way even into repairing leases, but as it goes far to nullify the covenant, it is obviously contrary to the intention in that case, and the practitioner should be cautioned against allowing its insertion. In Davies v. Davies, 38 Ch. D. 499, it was held that a tenant for years is liable for permissive waste, and that where a lease is granted under a power requiring that the lessee should not be made unimpeachable for waste, the introduction into the repairing covenant of an exception of “fair wear and tear and damage by tempest," invalidates the lease. This would seem to apply equally to the ordinary agreement for a yearly tenancy. It clearly applies to a lease granted under the Settled Land Act, 1890, s. 7 ; but a lease granted under the Settled Land Act, 1882, s. 6, although "involving waste," would not be open to this objection.

or in respt of the sd demised premes whether by the landlord or tenant thof.

portion of expense of

ing roads,

sewers, &c.

XIII. AND also will at all times durg the sd term [pay & To pay procontribute a rateable or due proportion of the expses] or, "bear & pay all costs & expses payable eir by landlord or tenant in maintainrespt of the premes hby demised," of makg, repairg, maintaing, rebldg, & cleansg all ways, roads, pavemts, sewers, drains, pipes, water-courses, pty-walls, pty structures, fences, or other convenices, wch shl belong to or be used for the sd premes hby demised [or any addonal bldgs wch may be erected as afsd] in common with other premes near or adjoing thto, such proportion [in case of diffce to be settled by the surveyor for the time being of the lessor, whose decision shl be final, &] to be pd to the lessor on demand (a), & will keep the lessor indemnified agst all such costs & expses as afsd.

tribute towards

ornamental

XIV. AND also will pay to the lessor the yrly sum of £- To contowards the expse, or, "a due proportion with the owners & occupiers of the other messes frontg the garden & planton keeping up hinafter mentd (such proportion to be assessed by the surveyor garden or for the time being of the lessor) of the expse," of keeping the enclosure. garden & planton in the centre of the sd square in good order & condon, & repairg & paintg the curb & iron railgs surroundg the same, until the lessor shl give notice in writg that he will cease to keep up the same garden or planton as afsd, & the contribon of the lessee towards such expse as afsd shl be payable to the lessor yrly on the day of togr with the rent hby reserved (a); & upon such notice as last afsd being given by the lessor, & thenceforward durg the continuce of the term hby grted, the lessee will, jtly with the lessees & occupiers of the other messes frontg the sd garden & planton, maintain the same in good order, & supply the same with fresh flowers, plants, & shrubs, & repair & paint the curb & iron railg

distress.

(a) It has been common, in this and similar cases, to add, "& to be As to recoverable by distress or orwise in like mner as rent in power of arrear; but this is invalidated by the Bills of Sale Acts, 1878 and 1882 (see ss. 4 and 6 of the former Act, and Pulbrook v. Ashby, 56 L. J. (N. S.), Q. B. D. 376; 35 W. R. 779); and is therefore omitted. Possibly an implied right of distress might be created by reserving the money as extra rent, as in the case of insurance rent (see above, p. 678, Form VII.), but this seems doubtful.

To deliver up at end of tenancy in good repair.

The same.

Short form.

To permit lessor to

enter and

view pre

mises, and to repair on notice.

The same.

Short form.

surroundg the sd garden, in all respts to the satisfon of the lessor, or his surveyor or agent.

XV. AND the sd demised premes so painted, repaired, cleansed, maintained, amended, & kept as afsd will, at the expiron or sooner determinon of the sd term, quietly yield up unto the lessor, togr with all addons & improvmts made thto in the meantime, & all fixtures (a) of every kind in or upon the sd premes, or wch (b) durg the sd term may be affixed or fastened to or upon the same [except tenant's or trade fixtures].

XVI. AND will at the determinon of the sd tenancy quietly yield up the sd premes with the fixtures wch now are, or at any time durg the sd tenancy shl be thron in a good & tenantable state of repair & condon [except as afsd, see above, note to form Ix.].

XVII. AND also that it shl be lful for the lessor, or his agents (c) twice or oftener in every yr durg the sd term, durg seasonable hours in the day time, with or witht workmen or others, to enter the sd premes to view the state of repair & co don of the same, & of all defects & wants of reparon then & there found [& wch the lessee shl be liable to make good under the covts hinbfe contd], to give or leave on the sd premes notice in writg to the lessee: AND THAT the lessee will within the space of three calr months after such notice, or sooner if requisite, repair & make good the same accdg to such notice & the covt in that behalf hinbfe contd.

XVIII. AND also will permit the landlord [or superior landlord], or his agents at any time to enter the sd premes, & examine the state of repair & condon thof: AND will repair & make good all defects, of wch notice in writg shl be given by the landlord [or superior landlord] to the tenant, within three calr months after the giving of such notice.

(a) See Elph. Introd. Conv. 262. A schedule of the landlord's fixtures may be annexed to the lease.

(b) In a long lease this is usually qualified by saying, "or wch at the expiron of the sd term, or at any time during the last seren yrs thof may be affixed," &c.

(c) In an underlease say, "the lessor & the superior landlord of the sd premes or their respive agents."

lessor to

lessee (d).

XIX. AND also that if the lessee shl at any time make default Power to in the pformce of any of the covts hinbfe contd for or relatg repair on to the repair of the sd premes, it shl be lful for the lessor (but default of witht prejudice to the rt of re-entry under the clause hinafter contd), to enter upon the sd premes, & repair the same at the expse of the lessee, in accdce with the covts & provons of these psnts, & the expses of such repairs shl be repd by the lessee to the lessor on demand (e).

XX. AND also will permit the lessor (f) or his surveyor or agent at any time or times durg (g) the sd term to enter the sd premes or any pt thof durg seasonable hours in the day time, & to take schdles or inventories of the fixtures & things to be yielded up at the expiron of the sd term.

Power to

lessor to enter to

take invenfixtures.

tories of

lessor to

enter to

XXI. AND also that it shl be lful for the lessor (f) or his Power to agents or workmen, & for the tenants & occupiers of the adjoing messes, at any time durg the sd term at seasonable repair hours in the day time to enter upon the premes hby demised premises. for executg repairs or alterons of or upon such adjoing premes, makg good to the lessee all damage thby occasd.

adjoining

To permit

lessor be

fore end of

lease to put

XXII. AND also that it shl be lful for the lessor, or his agents, at any time within three calr months next bfe the expiron or sooner determinon of the sd term, to enter upon the sd premes, & to affix upon any suitable pt thof a notice-board for relettg for rethe same, & that the lessee will not remove or obscure the letting, &c. same, & will permit all psons by order in writg of the lessor,

or his agents, to view the sd premes at seasonable hours in the day time witht interruption.

XXIII. AND also will repay to the lessor all sums wch he shl expend [in psuance of the covt of the lessor hinafter contd] for insurg the sd messe, bldgs, & premes agst fire [or accident], every such sum to be so repd on the qtrly [half

(d) The landlord would have no such right without express authority, Woodfall, L. & T., p. 634. The acting on this power might, but for the provision to the contrary, be held to be a waiver of the right of re-entry for breach of the covenant to repair; see Doe v. Lewis, 5 Ad. & E. 277.

(e) See p. 683, note (a).

(ƒ) In an underlease, if there is a similar covenant in the head lease, say, "the lessor or the superior landlord, or their respive," &c.

(9) In a long lease, say, "during the last seven yrs of the sd term."

up notice

To repay

to lessor sums paid

for insur

ing.