Tenant agrees to take. Notice. Parties. Agreement to let. Apartments. Period. per quarter; AND the said (tenant) agrees to take the said room or apartment, with the use of the servant and cellar, as aforesaid, at the said rent, and also to provide and find for himself all manner of linen and china or crockery-ware whatsoever, that he shall have occasion for; and that if he shall break or damage any part of the furniture of the said landlord, he will make good or repair the same, or pay him sufficient to enable the said (landlord) to put the same in as good plight and condition as they now are in; AND, it is further agreed, that if either party shall be desirous of determining the tenancy, he shall respectively give or take a quarter's notice in writing, to be computed from the date of such notice. As witness, &c. (5.) Another Form with an Inventory. AGREEMENT, made and entered into this day of, &c. BETWEEN (landlord) of, &c. for himself, his executors, administrators, and assigns, of the one part, and (tenant) of, &c. for himself, his executors and administrators, of the other part, as follows. First, the said (landlord) doth hereby let unto the said (tenant), and the said (tenant) doth hereby agree to take, the entire first floor completely furnished, (as particularly set forth in the schedule hereunto annexed,) as the same now is, being part of a house in which the said (landlord) now lives, situate, &c. to be held and enjoyed by the said (tenant) for and during the term of, &c. to commence, &c. at and after the rate of, &c. per annum, of lawful money, &c. payable at, &c. the first payment to begin and be made on, &c. next ensuing Terms of the date hereof; AND, it is further agreed, that by and between the said parties hereto, that the said (tenant) shall and may after the expiration of the said term of, &c. hold and enjoy the said premises quarterly, so long as both parties shall mutually holding. agree, at the same rent as aforesaid; AND, the said Tenant to tenant hereby undertakes that, when he shall quit ture good. keep furnithe said premises, hereby let on demise to him as aforesaid, he will leave the furniture and other things mentioned and set forth in the schedule hereunder written, in as good state and condition as the same now are (the reasonable use and wear and tear thereof only excepted). In witness, &c. An inventory to which the above agreement refers. (6.) A general Form of Agreement for letting ARTICLES of agreement entered into this day of, Premises. &C. BETWEEN A. B. of, &c. for himself, his heirs,(s) executors, and administrators, of the one part, and C. D. of, &c. for himself, his heirs, executors, and administrators, of the other part, as follows, that is to say, to let. Apartments. The said A. B. agrees to let, and the said C. D. Agreement agrees to take, ALL those the first and second floors and front garret, (or as the case may be,) with the conveniences and appurtenances thereto belonging, of the messuage or dwelling-house, now in the occupation of the said A. B. situate at, &c. as the same are furnished according to the schedule inventory hereunder written; together with the use, in common with the said A. B. and his family, of the front kitchen of the said house, and the back wash-house or yard, for the term of to commence from the day of or Schedule. months, Period. now next ensuing, after the rate of the yearly rent of £ (s) If the heirs be named, and intended to be bound, the instrument must be sealed and stamped with a deed stamp.-See 5 Barn. and Cres. 41. (t) If in advance, say "in advance, and as and for the next succeeding quarter; and so on until the commencement of the last quarter's rent preceding the expiration of the said term, when such last quarter's rent Rent. Terms of holding. Notice. Repairs by landlord. Distress. (or say, if it be intended that the rent be reserved weeks, to now next ensuing, at guineas per week (or payable in advance on Monday in every week). AND, it is further agreed, by and between the said parties hereto, that the said C. D. shall and may, after the expiration of the said term of six months, hold and enjoy the said house, furniture, and premises, from quarter to quarter, to be reckoned from the day of at the same rent as aforesaid, until either of the said parties shall give three calendar months' notice to quit, under his hand, to the other of them; and, that he the said (landlord) shall and will during the said term or time keep the apartments in tenantable repair, and replace such of the furniture as shall from time to time be destroyed or damaged by reasonable use and wear thereof. [And, it is also agreed, that the said A. B. shall have power to distrain for the said rent, upon any of the goods and chattels of the said C. D. as often as the same shall be twenty Tenant to days in arrear.] (u) AND, that he, the said C. D., leave goods at the end of the said term of six months, or expiture in good ration of such notice as aforesaid, as the case may be, shall and will leave the said fixtures and furniture, articles, and things mentioned in the said schedule, in as good state and condition as the same now are, (reasonable use and wear thereof only excepted,) and also replace and leave all such dishes, plates, china, glass, and utensils, as shall be broken, or in anywise damaged, of the same kind, pattern, and value. In witness, &c. and furni condition. Schedule or inventory referred to. shall be payable and paid." (The rent must be made payable in advance during the whole of the term, or it will otherwise be construed to extend to the first quarter's rent only.-Holland v. Salsor, 2 Stark. 161.) (u) The above clause is not necessary, as the landlord may distrain for his rent for lodgings the same as for a demise of a house and premises.-See Newman v. Anderton, 2 New. Rep. 242. AGREEMENTS FOR LEASES. for leases ALL agreements for leases() should be clear and Agreements explicit on all material points, as no parol evidence should be can be adduced to supply the omissions in the clear and agreement of the term or number of years for which No parol evi the lease is intended to be granted, or the amount dence can be of rent, or by whom the taxes are to be paid. (w) explicit. adduced. by lessee. If it be intended that the tenant shall not be at To prevent liberty to assign or underlet a covenant for that assignment purpose, must be expressly stipulated for in the agreement (x) to be inserted in the proposed lease, as none but the common and usual covenants are implied, and such covenant against assigning or underletting, is not considered as one. (y) insurance. Unless a clause be added in a covenant to re- Covenants pair, as to "damage by fire or tempest, or other to repair and inevitable accidents excepted," the lessee will be liable to rebuild if the house is burnt down; (2) but, a covenant for insurance by the lessee being added will obviate the question.(a) (v) By the stat. 29 Ch. II. c. 3, s. 4, an agreement for a lease, unless Stat. of for a term not exceeding three years, must be in writing, and for which frauds. the reserved rent must be at least two thirds of the real value, and be signed by the party to be charged therewith. The first sec. of the stat. of frands, as construed by the second, is meant to vacate parol leases conveying a greater interest in land than for three years, and where a rent is reserved.-Crosby v. Wadsworth, 6 East. 602; and see Sug. V. & P. e. 3. (w) Clinan v Cook, 1 Sch. and Lef. 22. Woollam v. Hearn, 7 Ves. 221. Pym v. Blackburn, 3 Ves. 34. Rich v. Jackson, 4 B. and C. 514. Marquis of Townshend v. Stangroom, 6 Ves. 334 n. Usual covenants in a (r) The usual covenants, in the absence of any agreement to the contrary, are, that the lessee shall pay the rent and taxes, and keep the premises in tenantable repair, with leave for the lessor to enter and view, lease of a and for the lessee to amend on notice; and that the lessee will quietly yield up the premises at the end of the term, with a proviso for re-entry, on non-payment of the rent, or non-performance of the covenants; and lastly, a qualified covenant for the lessee's quiet enjoyment. (y) Henderson v. Hay, 3 B. C. C. 632. Vere v. Loveden, 12 Ves. 179. Church v. Brown, 16 Ves. 258. (2) Bullock v. Domitt, 6 T. R. 650. Pym v. Blackburn, 3 Ves. 34. house. (a) A tenant will still be liable under the covenant to pay the rent, not- Liability of withstanding the house is burnt down, unless it be stipulated for in the tenant when contract, that there should be a suspension of rent in case of accidents by house is fire.-Monk v. Cooper, 2 Stra. 763. Belfour v. Weston, 1 T. R. 312. Baker burnt. v. Holzapfel, 4 Taunt. 45. Holzapfel v. Baker, 18 Ves. 115. As to the expenditure of insurance money. of rent free The tenant has no equity to compel his landlord to expend the money received from an insurance office in rebuilding,(b) as the only remedy in that case is to give notice to quit.(c) Reservation A RESERVATION of rent, free from all manner of from taxes. taxes, is now held to extend to the land-tax and all taxes subsequently imposed. (d) Exception in lease. Agreement for lease as If any exception is intended to be included in the lease, it ought to be expressly stipulated for in the agreement. AN AGREEMENT for a lease contains no implied to warrantry engagement for general warranty of the land, nor for delivery of an abstract of the lessor's title ;(e) but the lessee has a right to inspect the lessor's of lessor's title, (unless otherwise stipulated,) (f) except in the case of a bishop. (g) Inspection title. Lessor's title The lessor's title must be clearly made out, or a specific performance of the agreement of a lease will not be enforced, as the intended lessee is conStipulation sidered in the nature of a purchaser.(h) If the in contract lessee is desirous of having the lessor's title investition of les- gated, it will be advisable to have a stipulation sor's title. inserted in the contract, as to the production of the lessor's title or not, to prevent any question or difficulty arising. for produc An agree ment for usual cove Where an agreement stipulates that the lease shall contain such covenants as are usual in leases nants will be of land, &c. in the neighbourhood, it appears that equity. a court of equity will enforce a specific performance.(i) enforced in The diffi A difficulty frequently arises in determining from culty arising the words of the instrument, whether it operates as ing whether a lease, or only as an agreement for one; (j) and, in determin Grillim v. Stone, 3 Taunt. 434. Pym v. Blackburn, 3 Ves. 34. Amfield v. White, 1 R. and M. Temple v. Brown, 6 ib. 60. This will depend upon the intention of the parties, to be collected from the instrument itself. If strong circumstances of inconvenience are |