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Rent.

to be con

lease.

hereunto annexed, and signed by the said A. B.,) at and under the yearly rent of £40. free from taxes, (except land tax,) payable half yearly; and, in the Covenants said lease shall be contained covenants on the part of tained in the the said C. D. to pay the rent, to repair the premises, and to deliver up the same at the end of the said term, in good and tenantable repair; and also, to insure the said premises from loss by fire during the said term, in one of the insurance offices in, &c. to be approved of by the said A. B. for the sum of £; and also, to rebuild or repair the said messuage and premises if destroyed or damaged by fire or otherwise; (e) and also, not to assign or underlet the said premises without the licence of the said A. B. with all other usual and reasonable covenants, and with a proviso for the re-entry of the said A.B. his heirs and assigns, in case of non-payment of the rent, for the space of thirty days after either of the days of payment, or of the non-performance of the covenants; and, that there shall be also contained in the said lease a covenant on the part of the said A. B. his heirs, executors and administrators, for quiet enjoyment by the said C. D. his executors, and administrators, of the said premises during the said term, upon payment of the rent and performance of the covenants. And it is hereby agreed between Expense of the said parties, that the expense of preparing these agreement presents and the said intended lease, and also the counterpart thereof, shall be paid and borne by the said parties equally. In witness, &c.

(3.)

Agreement for a Lease, with Stipulations as to
Taxes and ground Rent.

MEMORANDUM made this

and lease.

day of, &c. BE- Parties. TWEEN A. B. of, &c. of the one part, and C. D. of,

(e) Here may be added, "and not to remove at any time or times, during the said term, intended to be demised, or cause or suffer to be removed, from out of the said messuage and premises, any of the furniture or fixtures, on any account whatsoever."

of parties.

Premises.

Term.

terminable.

Rent.

Agreement &c. of the other part, as follows:-First, the said A. B. doth hereby agree at his own costs, with all convenient speed, to execute unto the said C. D. a lease of ALL that messuage or dwelling-house, situate, &c. with the appurtenances. To HOLD to him, the said C. D., his executors, administrators, and assigns, from the twenty-fourth day of June now next ensuing, for the term of twenty-one years, When de (determinable, nevertheless, at the end of the first seven years, at the will of the said C. D.,) (or at the will of either of them, the said A. B. or C. D.,) at and under the yearly rent of, &c. payable quarterly, free from taxes, (except the land tax, (f) which lease shall contain all the usual and reasonable covenants, and particularly certain covenants, that the said A. B. shall allow out of the first year's rent of the said premises, the sum of, &c. towards the repairs thereof; AND also, that he shall pay all the taxes in respect to the said house to Midsummer next; and shall also indemnify the said C. D. and Ground rent his assigns, from the ground rent, during the said term; and that there shall also be inserted in the said lease an exception(g) against damages happening by fire to the said premises, during the said term. on the part In consideration whereof, the said C. D. doth of C. D. to hereby agree to accept such lease, and to execute a and execute counterpart thereof, when tendered to him for that counterpart. purpose. As witness their hands the day and year first above written.

Repairs.

Taxes.

Stipulation

accept lease,

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(f) In the absence of any express stipulation, as to which of the parties shall have power to determine the lease, it will be considered in the power of the lessee-Danny Spurrier, 3 B. and P. 399. Doe v. Dixon, 2 East. 15. Price v. Dyer, 17 Ves. 363.

(g) Unless this exception be inserted, the tenant would have to pay the land-tax, as a reservation of rent, "free from all, and all manner of taxes," has been held to extend to the land tax, and all taxes subsequently im posed.-Bradbury v. Wright, Dougl. 602. Amfield . White, 1 R. & M.

of, &c. BETWEEN A. B. of, &c. of the one part, and C. D. of, &c. of the other part, as follows.

Room.

The said A. B. agrees to let, and the said C. D. Agreement. agrees to take, ALL that room, being No. 7, on the first floor, &c. being part and parcel of the house and premises of the said A. B., and now in his occupation, situate and being in the High-street, in the parish of D., in the county of E., as aforesaid, with all manner of conveniences, and appurtenances, to the same room belonging, and now used therewith; TO HOLD for and during the term of nine Term. years, commencing at and from the twenty-fifth day of March next, at and under the yearly rent of £20, payable quarterly, the first payment thereof to be made on the twenty-fourth day of June next; AND the said C. D. hereby agrees to pay, or cause stipulation to be paid, the said yearly rent, according to the re- to pay rent. servation aforesaid; (except during such time as the said room may be uninhabitable, by reason of accidental fire;) AND the said C. D. also agrees to paint, To paint. or cause to be painted, the outside of the windows belonging to the said room, with three coats of oil colours, once in every three years of the said term; AND the said A. B. agrees to pay all taxes, charges, Taxes. or assessments, which are or may be taxed, charged, assessed, or imposed, or that may become payable during the said term; AND also, that he the said To execute a A. B. shall and will, at the expense of the said C. D., when thereunto requested by the said A. B., grant and execute, or cause to be granted and executed, unto the said C. D., his executors, and administrators, a valid lease of the said room and premises, for the said term, subject as aforesaid, which lease shall contain covenants and clauses, the substance of which are hereinbefore contained, as also all other customary covenants usually inserted in leases of this description; AND it is Tenanttoenfurther agreed between the said parties, that, in the joy the room mean time, and until the said lease shall be exe- from year to cuted, in pursuance of this agreement, the said yearuntilthe A. B. shall occupy the said room, from the said the lease.

lease.

as a tenant

execution of

Stipulation

to grant a

For7years at a yearly rent

twenty-fifth day of March next, in the nature of a tenant, to the said A. B., from year to year, subject to the above stipulations, to be inserted in the said intended lease. (h) In witness, &c.

(5.)

Agreement for the Lease of a House, with particular Stipulations.

Ir is hereby stipulated and agreed BETWEEN and lease by A. B., of, &c. and C. D., of, &c. as follows: that the said A. B. shall at his expense, prepare and Of Premises execute a lease, whereby ALL that messuage or dwelling-house, situate in, &c. with the rights, members, and appurtenances, shall be demised and leased unto the said C. D. for the term of seven to be deposit- years, to commence on, &c. at and under the yearly hands of a rent of £100, payable yearly. AND that such lease third person. shall be deposited in the hands of Mr. E. F. of, &c. (who has agreed to hold the same for the benefit contain co- of both the said parties during the term,) which venants by lease shall contain covenants on the part of the said tenant. C. D., the substance of which are as follows:

ed in the

The lease to

Forpayment

of rent un

That the said C. D, shall pay the rent yearly, less tire, &c. and every year during the said term, unless the premises shall happen to be burnt down or destroyed, (i) as also the taxes payable in respect to the same during the said term.

And torepair

And also to repair the premises, (damage by fire, tempest, and other inevitable accidents excepted,)() And to yield and to yield and deliver up the same at the end of up in repair. the said term in good and tenantable repair, (except as aforesaid).

(h) If rent be paid before the execution of the lease, it creates a tenancy from year to year, although this clause should not be inserted; but not until then.-See Hamerton v. Steed, 3 B.& C. 478. Mann v. Lovejoy, 1 R. & M.-N. P. 355, see p. 41.

(i) But if the Lessee agrees to insure, add, "And also to insure the said premises from loss by fire, during the said term, in an insurance office to be approved of by the said A. B., for the sum of, &c.; and also to rebuild and repair the said premises, if destroyed, or damaged by fire or otherwise." (j) Unless these words be inserted, the tenant will be liable to rebuild the house, if the same should be destroyed. Bullock v. Dommitt, 6 T. R. 650.-Pym v. Blackburn, 3 Ves. 34. And liable to pay rent even with these words, in the absence of a stipulation not to do so.-Hare v. Groves, 3 Anst. 687.

assign-nor

fensive

And also a covenant not to assign the said pre- And not to mises, nor carry on, or suffered to be carried on, carry on of upon the said premises, any kind of trade, (or say trades. any offensive or noisy trade,) without the licence and consent of the said A. B.

usual and

And which said lease shall also contain all other With other usual and reasonable covenants, and also a proviso reasonable for the re-entry of the said A. B., his heirs and covenants. assigns, in case of the non-payment of the rent, for the space of thirty days after either of the said days appointed for payment, or of the non-performance of the covenants to be contained in the said lease.

nant by

And it is also agreed, that the said lease shall With a covecontain a covenant on the part of the said A. B., landlord for his heirs and assigns, for quiet enjoyment by the quiet enjoysaid C. D., his executors, and administrators, of the naut. said premises, during the said term, upon payment of the rent, and performance of the covenants.

ment by te

cept of lease

And the said C. D. agrees to accept the said Tenant lease (so to be deposited as aforesaid), and execute agrees to acthe same in regard to the covenants and stipulations to be contained therein, on his part to be performed and kept.

tion of the

And lastly, it is hereby mutually agreed, by and The destruc. between the said parties, that the destruction of the premises not said premises by fire or other cause shall vacate to vacate the this agreement. (4) In witness, &c.

(6.)

Agreement for the Lease of a Farm and Lands.

ARTICLES of agreement made and entered into this day of, &c. 1838, BETWEEN A. B. of, &c. esquire, for himself, his heirs, executors, administrators, and assigns, of the one part, and C. D. of, &c. for himself, his heirs, executors, and administrators, of the other part, in manner and form fol

(A) Or say, "shall not in anywise vacate this agreement," (as it may be agreed upon between the parties). It seems advisable to insert this clause, to prevent any question, if the house should happen to be destroyed, before the commencement of the tenancy, whether a person shall bo bound by his contract.-See Phillipson v. Leigh, 1 Esp. 397.

agreement.

Parties.

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