trade, business, manufacture, or occupon, or any nuisce, nor use the same, nor allow the same to be used for any illegal or immoral ppose, but will use the same as a private dwghouse, or for carryg on handicrafts or occupons of a quiet & inoffensive nature only.

any act to

XXXIX. AND also will not do or suffer to be done, in or upon Not to do the sd premes, or any pt thof, any act, or thing, weh shl or the damage may be, or become a nuisce (e), damage, annoyce, or in- or annoyconvenice to [the lessor (f), or his tenants, or] the occupiers of any of the adjoing houses, or the neighbourhood.

ance of the

lessor, or

his ten

ants, &c.

dows of

premises,

and not to

permit new

"encroach

XL. AND also will not stop up, darken, or obstruct any Not to stop windows or lights belongg to the sd bldgs hby demised, or any up winadjoing bldgs belongg to the lessor (f), nor permit any new demised window, light, openg, doorway, path, passage, drain, or other encroachmt or easemt to be made into, agst, or upon, the sd premes hby demised, wch might be, or grow to the damage, lights or annoyce or inconvenice of the lessor (ƒ). And in case any ments in such window, &c., shl be made, or attempted to be made, will adjoining give immediate notice thof to the lessor, & will at the reqt & cost of the lessor, adopt such means as may be reasbly required or deemed pper for preventg any such encroachmt, or the acquison of any such easemt.

tenements.

XLI. AND also will not (h) assn [transfer, underlet, or pt Not to

(e) As to the effect of this covenant, see Bamford v. Turnley, 3 B. & S. 62; Walter v. Selfe, 4 De G. & S. 315; Harrison v. Good, L. R. 11 Eq. 338; Tod Heatly v. Benham, 40 Ch. D. 80, supra, p. 293, note.

assign or underlet

without licence (g).

against

assign

(f) In an underlease, say, "the lessor or the superior landlord." (g) See 5 Dav. Prec., Pt. I., p. 193; Elph. Introd. 264; West v. Dobb, L. R. As to 4 Q. B. 634, 5 Q. B. 460; Varley v. Coppard, L. R. 7 C. P. 505; Corporation of covenant Bristol v. Westcott, 12 Ch. D. 461. If the lessor is not to withhold his consent to an assignment, &c., to a responsible person, or arbitrarily," and he ment, &c., withholds it, his consent is not necessary to render such an assignment without valid, Hyde v. Warden, 3 Ex. D. 72; Treloar v. Bigge, L. R. 9 Ex. 151; Sear licence. v. House Property, &c. Society, 16 Ch, D. 387; but his consent must be asked for; Barrow v. Isaacs, [1891] 1 Q. B. 417. This covenant is excepted out of s. 14 of the Conv. Act, 1881, see sub-s. 6 (i): as to the right of re-entry on a breach of it, see Barrow v. Isaacs, ubi supra. A covenant not to assign without licence, though commonly inserted in rack-rent leases, is not, technically, a "usual" covenant; Re Lander, [1892] 3 Ch. 41. In the absence of express provision in the lease to the contrary, every lease is to be

with the posson of] the sd premes or any pt thof (orwise than by will) [or by underlettg the same with or witht the furniture thrin for any term not exceedg one yr] witht the previous consent in writg of the lessor [but so that such consent shl not be withheld to an assnmt or underlettg of the sd premes to a respectable & responsible pson; or, "shl not be unreasbly, arbitrarily, or vexatiously withheld, & so that no fee or chge Proviso in shl be required to be pd for the givg thof."] [PROVD THAT it shl be lful for the lessee to take a ptner or ptners in his sd business carried on in the sd demised premes, & also to remove or dispose of any of the engines, machy, bldgs, erons, & other things thron, for the ppose of replacg or renewg the same, & such act shl not be deemed to be a breach of the covt lastly hinbfe contd.]

lease of

business premises.

To give lessor

notice of

of lease.

XLII. AND also that the lessee will, within three calr months next after any absolute transfer, assnmt or devolon of his intt assignment under this psnt lease in the sd demised premes, or any pt thof, give notice in writg of such transfer, assnmt, or devolon, & of the name, quality, & place or places of abode of the transferee or transferees or assnee or assnees to the lessor or his solor, & produce to him the instrumt of such transfer, assnmt, or devolon, & pay to him a fee of £for the registron of such notice.

To give

of pre-emp

XLIII. AND also will not assn or underlet the sd premes, or lessor right any pt thof, for all or any pt of the sd term, witht first makg proffer for the sale or disposon of his este or intt thrin to the lessor, provd the lessor will give as great a price or conson as any other pson wd give for the same.

tion in case of assignment, &c.

To permit lessor to lay down

drains and

gas and

water pipes

XLIV. AND also that it shl be lful for the lessor or any pson or psons by him authorized in that behalf, at any time to enter upon the sd demised premes for the ppose of constructg, layg down, alterg, repairg, cleansg, emptyg, or maintaing any sewers, watercourses, cesspools, gutters, drains, water-pipes, adjoining [electric wires], or gas-pipes, in connon with, or for the accommodon of, any adjoing ppty, doing as little damage as may be to the sd premes hby demised, & restorg the surface

in connec

tion with

property.

deemed to be subject to a proviso against the payment of a fine in respect of the grant of a licence to assign; Conv. Act. 1892 (55 & 56 Vict. c. 13), s. 3; but this does not extend to an underletting. As to damages for breach of the covenant, see Lepta v. Rogers, [1893] 1 Q. B. 31.

of the soil, & everythg erected thron, witht any unreasble delay, but witht makg compenson for any temporary damage or inconvenice to the lessee, so as no such sewer, &c., shl pass under or through the sd messe hby demised.

lessor to

easements

(a).

XLV. AND that it shl be lful for the lessor at any time durg To permit the sd term to erect, rebuild, or alter any bldgs or erons obstruct facing, adjoing or near to the sd demised premes for any ppose lights and & in any mner he may think fit, notwg that the bldg so erected, rebuilt or altered, may obstruct or interfere with any rt of light or air for the time being appertaing to or enjoyed with the sd demised premes or any pt thof or any bldg for the time being thron.

between

tenants of

be referred to his

XLVI. AND also that, in case at any time durg this demise Disputes any dispute shl arise betn the lessee & any other of the lessee and tenants of the lessor relatg to the premes to them resply other demised, or the pty or other walls, lights, drains, water- lessor to courses, or other easemts, rts, or appurts whatsr relatg or belongg thto, or any repairs thto, or nuisce or annoyce arisg surveyor. thfrom, then & in every such case such dispute (provd the other pty thto shl also have agrd or become bound so to refer the same) shl be refd to the determinon & award of the surveyor for the time being of the lessor, wch shl be final & bindg on the lessee.

covenant

by an

underperform

lessee to

the covenants in

XLVII. AND also will at all times durg the sd term duly pform General & observe all the covts, agrmts, & provons affectg the sd premes hby demised wch are contd in the superior lease of the sd premes dated, &c., & on the pt of the lessee thrunder to be pformed & observed, except the covts for paymt of rent, &c., here specify any other exceptions, & will not at any time do, omit, or suffer anything whby such superior lease may be avoided or forfeited; And will at all times keep indemnified the lessor agst all actions, pedgs, costs, damages, claims, demands, & liability, for, or in respt of, any breach wch may

the head

lease (b).

(a) This covenant is of course effectual according to its tenor, Haynes v. Covenant King, [1893] 3 Ch. 439, and excludes the application of Mitchell v. Cantrill, excluding 37 Ch. D. 56, where words negativing the implication of a grant of lights right to were held not to preclude the lessee from acquiring them by prescription against the lessor.

(b) See Penley v. Watts, 7 M. & W. 601; Hornby v. Cardwell, 8 Q. B. D. 329; 26 Sol. J. 528, 544; Pontifex v. Foord, 12 Q. B. D. 152; Elph. Introd.

272.

lights.

be committed durg the sd term of any of the sd covts, agrmts & provons, except as afsd.

Commencement.

The same.

Several lessors.

To pay rates and taxes (b).

To repair
outside of
premises
(c).

To execute
sanitary
works.

To repair

in lease of

part of a

house to be

used as offices.

As to lessor's

Covenants

binding assigns.

Lessor's covenants

to repair.

LESSOR'S COVENANTS.

I. AND the lessor doth hby [for himself & his assns (a)], covt with the lessee [in mner follg: that is to say:]

II. AND the lessors do hby [for themselves resply & their respive assns (a)], covt, &c.

III. THAT the lessors will durg the sd term pay all existg & future rates, taxes, chges, & outgoings whatsr, whether parliamentary, parochial, or local, for the time being payable in respt of the sd demised premes, [except such & such pts of the sd rates, taxes, chges, & outgoings, as are hinbfe covted to be pd by the lessee.]

IV. AND ALSO will at all times durg the sd term keep the outer walls, roof, & outside of the sd messe & bldgs in pper & substantial repair.

V. AND ALSO will at any time durg the sd term, exte any works wch by any report made by the surveyor to the sanitary authority of the district shl be certified to be necy in order to put the sd premes into good sanitary order & condon.

VI. AND ALSO will at all times durg the sd term, keep the main walls & timbers, roof, drains, & exterior of the sd bldg & premes, & the staircase, passages, water-closets, & lavatories, & such other internal pts thof as shl from time to time be used by the lessee, in common with the owners or occupiers of the other rooms or offices in the sd bldg, in good & substantial repair, & in clean & pper order & condon, & also will keep the flooring & timbers above the sd demised premes & all the upper pts of the sd bldg & all cisterns & water pipes thrin in such

(a) As to the statutory provisions making the benefit and obligations of the covenants run with the land, see p. 670, note. The words in brackets binding the assigns of the lessor are of course inappropriate for a mere personal covenant, such as the covenant for quiet enjoyment.

(b) See ante, p. 679, note.

(c) The lessor is not liable under this covenant unless he has received notice of the want of repair; Makin v. Watkinson, L. R. 6 Ex. 25; Manchester, &c. Co. v. Carr, L. R. 5 C. P. D. 507.

good & substantial order & condon as will prevent any injury to the sd demised premes or the furniture or contents thof from leakage by water or orwise & make good all damage thto caused by any such want of repair or leakage or by any negligce or act of any of the occupiers of the upper pts of the sd bldg (d).

VII. AND ALSO will at all times durg the sd term (unless To insure. such insce shl be vitiated by an act of the lessee) insure & keep insured the sd demised messe & premes agst loss or damage by fire in some insce office of repute in the sum of £ at the least, & will, whenever required, produce to the lessee the policy or policies of such insce, & the rect for the last premium for the same: And further, that in case of destron of or damage to the sd premes, or any pt thof by fire, the lessor will, with all convenient speed spend & lay out all moys reced in respt of such insce in rebldg or reinstatg in a good & substantial mner the premes so destroyed or damaged (e), & in case such moys shl be insufft for such ppose, will make good such deficiency out of his own moys.

VIII. AND ALSO will adequately insure the sd premes agst fire, The same. & in case of destron or damage by fire, will rebuild or reinstate Short the same.

form.

build so as

IX. AND ALSO that no bldg or eron shl at any time durg the Not to sd term be erected or placed in the garden or rear of the house to obstruct No. in Street, & abuttg on the east side of the sd lights. premes hby demised, so as in any mner to obstruct or interfere with the access of light or air to any windows or opengs now existg in the same premes.

enjoyment

X. AND THAT the lessee payg the rent [sevl rents] hby For quiet reserved, & pformg & observg the sevl covts, condons, & agrmts (ƒ). hrin contd, & on his pt to be pformed & observed (g), shl & may

(d) See Anderson v. Oppenheimer, 5 Q. B. D. 602. (e) See p. 686, note (ƒ).

(f) As to what amounts to a breach of this covenant, see Sanderson v. As to Mayor, &c. of Berwick, 13 Q. B. D. 547; Jenkins v. Jackson, 40 Ch. D. 71; covenant Robinson v. Kilbert, 41 Ch. D. 88; Aldin v. Latimer, &c., [1894] 2 Ch. 437. for quiet As to who are "persons claiming under " the covenantor, see David v. Sabin, [1893] 1 Ch. 523; Kelly v. Rogers, [1892] 1 Q. B. 910.

(9) It seems that this does not make the payment of rent, &c., a condition precedent, Edge v. Boileau, 16 Q. B. D. 117; but see Bastin v. Bidwell, 18 Ch. D. 238; where the covenant was for renewal of the lease.

enjoyment.