Infants.

Married

women.

Married
Women's
Property
Act, 1882.

Lunatics.

Rector or vicar.

The powers of the Act are exercisable in the case of an infant tenant for life, &c., by the trustees (s. 60); in the case of a lunatic by the committee under an order in lunacy (s. 62), see also the references above to the Lunacy Act, 1890; and in the case of a married woman by her alone if entitled for her separate use, otherwise by her and her husband together (s. 61). See further as to the provisions of the Act generally, above, pp. 456 to 467, note. As to the effect of the Act where there is an express leasing power, see Re Duke of Newcastle, 24 Ch. D. 129.

As regards unsettled estates of an infant, a lease granted by the infant himself is voidable at his election on his coming of age. Leases of an infant's fee simple or leasehold lands may be granted with the sanction of the Court under 11 Geo. IV. & 1 Wm. IV. c. 65, s. 17 (as to which see In re Clark, 1 Ch. 292; Re Letchford, 2 Ch. D. 719; Re Griffith, 29 Ch. D. 248); or under the Settled Estates Act, 1877, as extended by the Conv. Act, 1881, s. 41 (which does not seem to apply to copy holds or to leaseholds free from rent), even though the infant be only contingently entitled; Re Sparrow, [1892] 1 Ch. 412. Leases of such estates may also be granted by the guardian under the Settled Estates Act, 1877, s. 46, as extended by the lastmentioned enactment (see Hood & Challis, 109, note); as to the case of the guardian being a lunatic, see the Lunacy Act, 1890, s. 128. These enactments as to infants may be superseded by the larger powers of the Settled Land Act, 1882, which is by s. 59 extended to unsettled land of any tenure vested in an infant; but if there are no trustees the powers of that section could not be exercised without going to the Court under s. 60. Even where an adequate leasing power exists without recourse to the Settled Land Act, 1882, it will often be better to grant the lease under the Act, having regard to s. 56, and in order to take advantage of its beneficial provisions (see especially s. 54).

As regards the estates of married women which are not in settlement, by the Married Women's Property Act, 1882, 45 & 46 Vict. c. 75 (ss. 1 and 2), a woman married after the commencement of the Act is enabled to dispose of her property whensoever acquired, and to contract, so as to bind her separate estate, subject to any settlement or restraint on anticipation (s. 19); and a woman married before the Act has the same power as to property her title to which accrues after the Act (ss. 1, 5). In these cases, therefore, a married woman has the same power of granting leases as if she were unmarried; but women married before the commencement of the Act remain under the old disability as to their then existing property: as to the power to grant leases in the case where the property is not given to the wife for her separate use, see s. 46 of the Settled Estates Act, 1877 (referred to above), enabling a husband to grant leases of his wife's lands. As to the powers of a married woman where the estate is in settlement, see above.

A lunatic's estate may be let from year to year at the discretion of the committee, who may also grant leases, but only under an order of the Judge in Lunacy, see Lunacy Act, 1890, 53 Vict. c. 5, ss. 120 and 122, and as to execution of a lease by the committee, s. 124, and Lawrie v. Lees, 7 App. Ca. 19; as to lunatics not so found, see s. 116 (2); In re Salt, [1896] 1 Ch. 117.

A rector or vicar may, with the consent of the patron and ordinary, Co. Lit. 44a, grant a lease for a term not exceeding twenty-one years, or three lives, reserving the accustomed rent or more, under 13 Eliz. c. 10, and may under certain restrictions, grant farming leases with the consent of the bishop and patron for fourteen years, and in some cases, for twenty years,

under 5 & 6 Vict. c. 27, subject to the restrictions imposed by 24 & 25 Vict. c. 105, ss. 1 and 2, and 25 & 26 Vict. c. 52, s. 1.

Most ecclesiastical corporations, including rectors and vicars, may, under Ecclesiasthe Ecclesiastical Leasing Act, 1842, 5 & 6 Vict. c. 108, as extended by the tical corAct of 1858, 21 & 22 Vict. c. 57, with the consents therein mentioned and the porations. approval of the Ecclesiastical Commissioners, grant leases for any terms, and in any manner with or without a premium. See further as to leases by Ecclesiastical Corporations, Woodfall's Landlord and Tenant, Phillimore's Ecclesiastical Law, p. 1321.

As to the power of trustees of a charity to make a lease, see 16 & 17 Vict. Charitable c. 137, ss. 21, 26; 18 & 19 Vict. c. 124, ss. 29, 38, 39, and as to the execution corporations. of leases where the legal estate is in the Official Trustee of Charity Lands, see 18 & 19 Vict. c. 124, s. 16; 23 & 24 Vict. c. 136, s. 16.

As to leases by the Universities of Oxford, Cambridge, and Durham, and Universithe Colleges in those Universities, and the Colleges of Winchester and Eton, ties, &c. see the Universities and College Estates Acts, 1858, 1860, 21 & 22 Vict. c. 44; 23 & 24 Vict. c. 59.

As to leases by Municipal Corporations, see Municipal Corporations Act, Municipal 1882, 45 & 46 Vict. c. 50, s. 108; and as to leases for working men's dwellings, corporations. s. 111, and schedule vIII., forms N. & O.

As to leases by corporations generally for erection of artizans' dwellings, see Settled Land Act, 1890, s. 18, and 53 & 54 Vict. c. 70, s. 74 (2), which by s. 102 repeals 48 & 49 Vict. c. 72, s. 11 (2).

As to the general leasing powers of trustees, apart from powers given by Trustees the instrument or by statute, see Lewin on Trusts, p. 670; Re Shaw's Trusts, and 12 Eq. 121; and as to the general powers of executors and administrators to executors. grant underleases, see Williams on Executors, pp. 808 et seq.; Oceanic Steam Navigation Co. v. Sutherberry, 16 Ch. D. 236.

The trustees of a charity may (subject to the restrictions imposed by the Trustees Charitable Trusts Act, 1855, 18 & 19 Vict. c. 124, s. 29), grant any lease of charity. which they are expressly empowered to grant by the instrument creating the trust, or which is beneficial to the charity; as to the nature of the leases which they may grant in the absence of an express power, see Lewin on Trusts, pp. 597-602. A lease granted by them without the sanction of the Charity Commissioners, for a term for which under s. 29 such sanction is necessary, is absolutely void; Bishop of Bangor v. Parry, [1891] 2 Q. B. 277. They may also, with the consent of the Charity Commissioners, grant building, improving, or mining leases, under the Charitable Trusts Act, 1853, 16 & 17 Vict. c. 137, s. 21; see also s. 26, and the Amendment Act, 1855, 18 & 19 Vict. c. 124, s. 38. Under the last-mentioned Act, s. 39, all leases granted by the trustees, pursuant to a scheme approved by the Board, are valid; see also s. 16, and the Amendment Act of 1869, 32 & 33 Vict. c. 110, s. 12, enabling a majority of the trustees to grant leases of lands vested in them, or the official trustee of charity lands.

Leases of land of any tenure which is in mortgage may by the Conv. Act, Mortgagor 1881, s. 18, be granted by the mortgagor or mortgagee when respectively in and possession, unless the statutory power is excluded by the mortgage: the mortgagee. leases authorised being ordinary leases for twenty-one years, or building leases for ninety-nine years, at the best rent and subject to the ordinary restrictions. See Municipal, &c., Society v. Smith, 22 Q. B. D. 70.

As to the power of limited owners to grant agricultural leases, see 14 & 15 AgriculVict. c. 25, s. 1, and as to leases by limited owners to County Councils, the tural

leases.

Disclaimer of leases.

Stamp.

Small Holdings Act, 1892, 55 & 56 Vict. c. 31, ss. 12, 13, extending the provisions of the Settled Land Act, 1882.

As to the disclaimer of leases in bankruptcy, see the Bankruptcy Act, 1883, s. 55, as amended by the Bankruptcy Act, 1890, s. 13; Yate-Lee & Wace, pp. 455, et seq.; Elphin. Introd. 175.

As to the position of a person holding an underlease or agreement for one in the event of the disclaimer of the head lease by the lessee's trustee in bankruptcy, see the Bankruptcy Act, 1883, s. 55, as amended by the Bankruptcy Act, 1890, s. 13; Re Cock, 20 Q. B. D. 343; Re Finley, 21 Q. B. D. 475; Re Morgan, 22 Q. B. D. 592; Re Smith, 25 Q. B. D. 536 (all cases of sub-lease by way of mortgage); Yate-Lee & Wace, p. 461.

As to the stamp duty on leases & agreements for leases, see the Stamp Act, 1891, ss. 75-78; and schedule, LEASE.

PRECEDENTS.

PREC. I.

Parties.

to let.

I.

AGREEMENT for TENANCY of HOUSE in a town from YEAR to
YEAR. Short form. VARIATION where the TENANT has the
OPTION to take a repairing LEASE.

AGRMT made this

day of

BETN A., of, &c.,

hinafter called the landlord, of the one pt, & B., of, &c., hin

Agreement after called the tenant, of the other pt, WHBY THE LANDLORD agrees to let (a), & the tenant agrees to take THE HOUSE situate & being No., in

Parcels.

Term.

with the appurts from the
yr to yr (b) AT THE уrly rent of £
usual qtr days, or, “on the

street,

in the cty of

payable qtrly on the day of, &c.," eir pty to

be at liberty to terminate the tenancy on givg three calr months' notice to quit, expirg on any of the sd qtrly days, the landlord to pay all landlord's rates & taxes, & the tenant to pay all tenant's rates & taxes, [or, the tenant to pay all rates & taxes except landlord's ppty tax].

(a) As to implying a covenant for quiet enjoyment in a tenancy from year to year, see Schwartz v. Locket, 38 W. R. 142.

(b) The demise should not be "for one year and so on from year to year," as this would enure as a tenancy for two years at least; see Doe d. Chadborn v. Greene, 9 A. & E. 658.

PREC. I.

take lease

[PROVD ALWAYS & it is hby agrd that if at any time durg the tenancy hby created the tenant shl be desirous of havg a lease Option to of the premes for a term of 21 yrs determinable by him at the tenant to end of the first 7 or 14 yrs & shl give the landlord a notice in (c). writg to that effect then & in such case provd the tenant shl have duly pformed & observed the agrmts on his pt hinbfe contd up to the date of such notice, the landlord will grt to the tenant a lease of the premes accdly for such term as afsd, the lease to be considered as commencg on, & the term to be computed from the day of, & to be at the same rent as is hinbfe reserved & accdg to the form of lease wch has been pduced to the tenant & signed by both the sd pties hto & wch is hrunto annexed, & from & after the date of the sd notice the agrmt hinbfe contd for a tenancy of the premes for the sd-day of -shl be superseded & the premes shl thenceforth until the grantg of the sd lease be considered as held in all respts upon the terms of such intd lease, but so that the covts of the sd lease shl not be deemed to have any retrospective operon in relon to the date of the sd notice.] As WITS, &c.

II.

AGREEMENT for tenancy of a COTTAGE in the Country from
YEAR to YEAR (d).

PREC. II.

BETN A., of, &c., hin- Parties.

after called the landlord, of the one pt, & B., of, &c., hinafter

called the tenant, of the other pt.

to let.

1. THE LANDLORD agrees to let, & the tenant agrees to take, Agreement from the day of from yr to yr, until the tenancy is determined as hinafter mentd, the cottage & garden ground

(c) If the day for the commencement of the lease is not more than twelve As to calendar months after the date of the agreement, the lease will not be in leases in futuro, and the agreement may therefore be entered into by a tenant for futuro. life under the Settled Land Acts. As to contracts for granting leases in futuro, see Gas Light, &c., Co. v. Towse, 35 Ch. D. 519; Re Lander, [1892] 3 Ch. 41; above, p. 697, note.

(d) As to compensation for crops, &c., of small holdings, see 50 & 51 Vict. c. 26.

PREC. II.

Rent, &c.

Determi

nation of tenancy.

Tenant to whitewash.

Not to take lodgers.

situate in the parish of, in the coy of, in the occupon

on the follg terms.

2. THE RENT to be £

p.a. payable qrtly on the usual qir days in each yr, & the tenant to pay all rates & taxes, except tithe & land tax.

3. THE TENANCY to be determined at any qtr day on eir pty giving a previous qtr's notice in writg to the other of his intention to do so.

4. THE TENANT to whitewash the cottage inside & out when required.

5. THE TENANT not to take any lodgers or allow any married son or daur to reside with him in the sd cottage witht the written consent of the landlord. As wITS, &c.

PREC. III.

III.

AGREEMENT for Tenancy from YEAR to YEAR of part of a House to be used as OFFICES, the LESSORS being a

COMPANY.

Parties.

AGRMT made the

day of, BETN the Limd (hinafter called the landlords), of the one pt, & &c. (hinafter called the tenant), of the other pt.

Co,

of,

Agreement to let. Parcels.

Term.

Reserva

tion of rent.

to

1. THE LANDLORDS hby agree to let & the tenant agrees take ALL THOSE rooms or offices on the floor of the bldg situate & being, &c., & nod on the plan hto annexed, with the fixtures & fittings specified in the schdle hto, & the appurts, togr with right of ingress, egress, & regress through the hall-door, entrance hall, staircase & passages, from the day of, from yr to yr until the tenancy is put an end to at the end of the first or any subseqt yr (a) by eir pty on giving to the other calr months' previous notice in writg, AT THE yrly rent of £-, & so in proportion for any fractional pt of a yr, to be pd by eql qtrly paymts on the day of &c., or, "the four usual qtr days," the first qrtly paymt to be made on the day of, & the last to be made in advce one calr month bfe the expiron of the tenancy.

(a) See p. 708, note (b).