Lease by tenant for

life, or other limi

ted owner,

under the

Settled
Land Acts

(d).

life to lease to trustee for himself.

Leasing powers un der Settled Land Acts.

lessor, refce if thought fit to power, doth hby [appt (a) &] demise, &c., pcels, habendum, reddendum genlly, covts by lessee "for himself & his assns" with, the lessor, usg that expression throughout; power for, the lessor, to re-enter: AND THE lessor doth hby [for himself & his assns (b)], covt, &c., to insure, &c., & for quiet enjoymt, witht interruption by the lessor or any pson claimg under or in trust for him, or under the sd indre of settlemt, or, "will" (c): Power to lessee to determine lease on givg notice, to the lessor, or leavg the same at his usual or last known place of abode.

x. PARTIES, A., tenant for life, or other limd owner, hinafter called the lessor, wch expression, &c., as in form VIII., 1; [B., C., & D., trees, 2 ;] E., lessee, hinafter called the lessee, wch expression, &c., 3: WITNETH, conson [if a fine is taken it will be pd to the trees], the lessor by virtue of the powers of the Settled

8th ed. 918; Wilson v. Sewell, 4 Burr. 1979; Bevan v. Habgood, 1 J. & H. 222; but it is conceived that this does not hold good in the case of a lease under the Settled Land Act, 1882, having regard to s. 53, expressly placing the tenant for life in the position of a trustee. Section 12 of the Settled Land Act, 1890, providing for a difficulty of this kind in relation to sales, &c., does not apply to leases.

(a) See page 845, note (h).

(b) See page 694, note (a).

66

(c) If the instrument is not mentioned before say, an indre dated, &c., & made, &c.," or or "the will dated, &c., of the late X., of, &c."

(d) As to the general provisions of the Settled Land Acts, see above, p. 456, note. The Act of 1882 authorizes (ss. 6 and 7), leases of the settled "land" (as defined by s. 2), or any easement or right over it, "whether involving waste or not" (which seems to exclude the application of Davies v. Davies, 38 Ch. D. 499, as to exempting the tenant from liability for permissive waste), as to occupation or farming leases for 21 years, as to building leases for 99 years, and as to mining leases for 60 years, to take effect in possession within 12 months, at the best rent, regard being had to any fine taken or money laid out on the land, or other circumstances; and subject to other usual restrictions, the conditions of re-entry to be on non-payment of the rent for not exceeding 30 days. Any statement in or indorsed on the lease signed by the lessor as to any matter of fact or calculation in relation thereto is in favour of the lessee to be sufficient evidence; this would no doubt apply to a statement that the rent is the best. As to the rent in a mining lease varying with the price of the minerals got, see the Act of 1890, s. 8. As to what is the best rent in a farming lease or for artizans' dwellings, see above, p. 844, note (c). As to the special powers and requirements in the case of building leases, see ss. 8 and 16 (above p. 732, note, and p. 734, note), and the Amendment Act of 1889 (as to giving an option of purchase); and in the case of mining leases, see ss. 9 and 17; as

Land Acts, 1882 to 1890 (e) & of every or any other power enablg him in this behalf doth hby demise, &c. The rest of the form will be the same as the last.

to the power of the Court to authorise building or mining leases for longer terms or on other conditions, see s. 10; as to leases pursuant to a contract by a predecessor in title (see as to this before the act, Davis v. Harford, 22 Ch. D. 128), or a covenant of renewal, or for confirming a previous lease, see s. 12; as to a lease on the surrender of a prior lease, see s. 13; as to copyholds, see s. 14; as to undivided shares, s. 19; as to the exception of mansion-houses and land occupied therewith, see the Act of 1890, s. 10; and as to the power to grant easements affecting the mansion, see Sutherland v. Sutherland, [1893] 3 Ch. 169. As to the insertion of a covenant for renewal, see above, p. 697, note. By the Amendment Act of 1884, s. 4, fines are to be deemed capital money (but as to a lunatic tenant for life, see the Lunacy Act, 1890, s. 123 (2)), so as to be payable (under s. 22 of the original Act) to the trustees, who should therefore in that case be parties, or else sign an indorsed receipt. As to the power to enter into and vary, &c., contracts for leases, see s. 31; and as to the power to execute deeds for effectuating leases, see s. 20. Leases not exceeding three years, whereby the lessee is not exempted from punishment for waste (see 37 Sol. J. 76) may be under hand only, Act of 1890, s. 7 (iii.). The statutory power will be especially useful in the case of a settlement of leaseholds, as the tenant for life may, under s. 20, grant a legal lease without the concurrence of the trustees, althongh the legal estate is in them; which could not have been done under the old law, leaseholds not being within the Statute of Uses.

As to the statutory notice required to be given to the trustees of the As to intention to grant the lease under the Act of 1882, s. 45, as modified by the notice to Act of 1884, s. 5, see p. 464, note; but in the case of rack-rent leases not trustees. exceeding 21 years, where the lessee is not made dispunishable for waste, the necessity for notice is dispensed with by the Act of 1890, s. 7 (i). In Mogridge v. Clapp, [1892] 3 Ch. 382, a lessee without notice and dealing in good faith was held to be protected notwithstanding the want of notice, and the fact that there were no trustees to whom it could have been given.

As to what are proper covenants in leases under powers, see Davies v. Davies, 38 Ch. 499.

Reference may here be made to the Acts (12 & 13 Vict. c. 26, 13 & 14 Vict. Defective c. 17, see 3 Dav. Prec. 517), relieving against defective execution of powers execution of leasing, which would, as it seems clear, apply to leases under the Settled of leasing Land Acts; see Farwell on Powers, p. 345, Sutherland v. Sutherland, ubi powers.

supra.

Where the lease is a mining lease the Settled Land Act, 1882, s. 11, pro- Mining vides that where the tenant for life is impeachable for waste as to the lease. minerals, three fourths of the rent, and otherwise one fourth of the rent shall be capitalised. It will be observed however that the tenant for life is the person to grant the lease, and that under the Conv. Act, 1881, s. 10,

(e) The Act does not require that the lease should refer to it (Mogridge v. Clapp, ubi supra), but it is desirable that the intention that it should operate under the Act should be expressed. This form may be used mutatis mutandis for a lease under any other Act.

Lease of freeholds held in

undivided

shares,

some being

in settlement.

XI. PARTIES, A., B., C., D., &c., owners or donees of statutory or express leasg powers, hinafter called the lessors, wch expression, &c., as in form VIII., 1; E., lessee, hinafter, &c., 2. WITNETH, conson, the lessors by virtue of their sevl & respive estes & intts or statutory or other powers do resply hby grt, appt, & demise, pcels, habendum, reddendum genlly, corts by lessee "for himself & his assns" with, the lessors, & also septely with each & every of them, power for, the lessors, to re-enter, & the lessors do hby [for themselves, and their respive assns], jtly & sevly covt, &c., to insure, &c., & for quiet the entirety of the rent can be recovered by the reversioner, i.e., by the tenant for life. It appears therefore that the lease ought to be in the usual form, that the trustees need not be parties, and that the tenant for life must, as he receives the rent, pay the proper proportion to the trustees. Sometimes the lessees stipulate that they shall be allowed to pay the proper proportion of the rent to the trustees; if this course (which as above stated appears to be improper) is assented to, the trustees will be parties to the lease, say, "hinafter called the trees, wch expression shl include the trees or tree for the time being for the pposes of the Settled Land Acts, 1882 to 1890, of an indre, &c." the rent will be reserved generally, continue as follows :THE SD sevl rents to be pd clear of all dedons & to be pd durg the lifetime of the lessor in mner follg (that is to say), three-fourth pts of each of the sd rents shl be pd by the lessees to the lessor, & the remaing fourth pt shl be pd by the lessees to the trustees. AND THE LESSEE hby covt with the lessor & also septely with the trees that the lessees will throughout the sd term if the lessor shl so long live pay the rents hinbfe reced to the lessor & to the trees resply in the proportions & at the times hinbfe appted in that behalf clear of all dedons. AND THE LESSEES hby also covt with the lessor that if durg the subsistce of the sd terms the lessor shl die the lessees will thenceforward durg the residue of the sd term pay to the revoner or revoners the sd rents hinbfe reserved at the times hinbfe apptd in that behalf clear of all dedons." PROVD always & it is hby decld that if & so often as any pt of the proportion of the rents hby made payable to the lessor shl be in arrear, &c., the lessor, & if & so often as any pt of the proportion of the rents hby made payable to the trees shl be in arrear, &c., the trees, & that if & so often as after the death of the lessor any pt of the rents hby reserved shl be in arrear the revoner or revoners may enter into, &c., continue power of distress, p. 821.

enjoymt, witht interruption by the lessors or any of them or any pson claimg under or in trust for them, or any of them : Power to lessee to determine lease on girg notice, to the lessors or any of them, or leavg the same at their or his usual or last known place of abode.

husband of his wife's

freeholds Settled

under the

Act, 1877,

XII. PARTIES, A., husbd, hinafter called the lessor, wch expres- Lease by a sion shl include the pson or psons for the time being entled to rece the rent hby reserved, where the context so admits, 1; B., lessee, hinafter, &c., 2: WITNETH, conson, demise by A., pcels, habendum to lessee for any term not exceedg twenty-one Estates yrs in posson; reddendum genlly; corts by lessee "for himself s. 46 (a). & his assns" with, the lessor, usg that expression throughout: Power to, the lessor, to re-enter if the rent is in arrear for not exceedg twenty-eight days, or on breach of cort; Corts by, the lessor, ["for himself & his assns"], to insure, &c., & for quiet enjoymt, witht interruption by the sd A. or C., his wife, or eir of them, or any pson claimg under them or eir of them: Power to lessee to determine lease on givg notice to, the lessor.

Lease by

husband

and wife of

settled es

Land Act,

XIII. PARTIES, A., & B., his wife, lessors, hinafter called the lessors, wch expression, &c., as in last form, 1; C., lessee, hinafter, &c., 2: WITNETH, conson, the lessors, by virtue of the wife's the powers of the Settled Land Acts, 1882 to 1890, & of every tate under or any other power enablg them or eir of them in this behalf the Settled do, & each of them doth hby demise, &c., pcels, habendum, 1882, s. reddendum genlly, covts by lessee "for himself & his assns" with, the lessors, & also septely with each of them; power to, the lessors, to re-enter: AND THE lessors do hby for themselves resply [& their respive assns] covt with the lessee, to insure, &c., & for quiet enjoymt, witht interruption by the lessors or eir of them, or any pson claimg under them or eir of them.

61 (b).

(a) This form can only be required for a woman married before 1st Married January, 1883, and as to property her title to which accrued before that women. date. In any other case a married woman can now grant leases by virtue of the Married Women's Property Act, 1882 (see p. 706, note), as owner (if she is absolutely entitled), or under the Settled Land Act, 1882, s. 61 (2), if the estate is settled. As to what are proper covenants, see Davies v. Davies, 38 Ch. D. 499.

(b) See p. 466, note. Where the wife is entitled for her separate use, or as a feme sole (under the Married Women's Property Act, 1882), she will grant the lease under s. 61 (2), without her husband, according to form x., p. 846. 3 I

K.E.-VOL. I.

Lease to
a married

woman as

her separate estate (a).

Lease by guardian of an infant

under a

power or the Conv. Act, 1881, 8. 41 (b).

Lease to a married

woman.

Power to lessee to determine lease on givg notice to, the lessors or eir of them.

XIV. PARTIES, A., lessor, hinafter called the lessor, wch expression, &c., 1; B., the wife of C., of, &c., hinafter called the lessee, wch expression, &c., 2. WITNETH, conson, if a premium is pd, say, "of the sum of £- - now pd to the lessor by the lessee out of moys formg pt of her septe este,” & of rents & corts, demise, unto the lessee, peels, reservons, habendum, to the lessee as her septe este: Corts by the lessee, & power of re-entry, & corts by the lessor & other clauses, all in the usual form.

XV. PARTIES, A., of, &c., the gdian of X., a minor under the age of twenty-one yrs, who is entled in fee simple, or, "for a leasehd intt at a rent," to the hds hby demised, & who is hinafter called the revoner, wch expression shl include the pson or psons for the time being entled to the revon of the sd premes hby demised, expectant on the term hby grted, where the context so admits, 1; B., lessee, hinafter, &c., 2. WITNETH, conson, the sd A. by virtue of [the Convcg & Law of Ppty Act, 1881, &] every or any power enablg him doth hby demise, pcels, reservon of mines, &c., to, the revoner. The rest of the lease will follow the standard form, usg the words, "revoner" & "lessee" throughout, except that the covt for quiet enjoymt will be by A. witht interruption by the sd A., or the revoner, &c., any other lessor's covts such as to repair, will be by A., on behalf of, & so as to bind the revoner, that the revoner will,

(a) Before the Married Women's Property Act, 1882, in order to avoid the difficulties arising from the granting of a lease direct to the wife (inasmuch as her covenants were at law a nullity, and the burden of them could not run with the land), the proper way was to grant the lease to the husband, or some other person as trustee, who entered into the covenants; but as every married woman is by that Act, s. 1, enabled to acquire, hold, and dispose of property, and to contract, and to sue and be sued, as a feme sole, it seems that the lease may now always be granted to her without the intervention of a trustee, and her covenants will be enforceable against her by action without joining her husband, to the extent of her separate estate; and that the obligation of them will run with the land at law (see Sutherland v. Sutherland, [1893] 3 Ch. 169). The case where the husband is the lessor may be an exception, as it is not clear that he can lease (unless under a power operating under the Statute of Uses, or a statutory power), direct to his wife (see above, p. 610, note, Sutherland v. Sutherland, ubi sup.); and in that case it may be better to interpose a trustee.

(b) See p. 706, note.