Date.

Parties.

clause.

General words.

(3.)

A short Form of Lease of a House, containing the common and usual Covenants.(z)

THIS indenture, made the-day of,&c.,between A.B., of, &c., for himself, his heirs and assigns, of the one part, and C.D., of, &c., for himself, his heirs, exeWitnessing cutors, administrators, and assigns, of the other part; WITNESSETH, that in consideration of the rent(a) hereinafter reserved, the said A. B. doth by these prePremises. sents demise(b) and lease unto the said C. D., (c) ALL that messuage, &c., together with all out-buildings, areas, courts, pumps, cisterns, pipes, sewers, ways, lights, easements, fixtures, and appurtenances, to to the said messuage belonging, or in anywise Habendum. appertaining; TO HAVE AND TO HOLD the said messuage and premises hereby demised, with the appurtenances, unto the said C. D., for the term of twenty-one years, from the twenty-ninth of September next, (d) at the rent of £, payable half yearly, (or quarterly,)(e) without any deduction whatsoever, (except for land-tax). AND the said C. D. doth hereby agree with the said A. B., that he, the said C. D., will pay (ƒ) unto the said A. B.

For payment of rent

Covenants.

Demise.

Copyhold.

Rent.
Payments.

Covenants.

Rent. Observations.

(2) In this precedent all useless words are omitted, and the usual covenants inserted. (What are usual covenants, see Van v. Corpe, 3 Myl. & Keen, 282.)

(a) The words" in consideration of the rent," are sufficient without adding" and of the covenants," &c. (In fact, the reservation of a rent will be effectual to raise even a use, without a money consideration.—Cro. Eliz. 595, 2 Mod. 249.

(b) The word "demise" is the only word necessary, and is, indeed, the appropriate word in leases which are taken for occupation.

(c) If copyhold, and a license has been obtained, say, “By virtue of a license or authority for that purpose obtained from the lord of the manor of which the said copyhold premises are part and parcel."

(d) The word "rent means the yearly sum payable.

(e) It is unnecessary to specify the other half-yearly or quarterly days as they are well known, and the first payment must be made on the first quarter or half-yearly day.

(f) The usual covenants which can be insisted upon being introduced into the lease, in the absence of any express agreement to the contrary, are the following:

Firstly. The above covenant by the lessee for payment of the rent and taxes (except land tax).

[The use of this covenant is, that if the tenant should assign the premises to another, who might prove unable to pay the rent, and there be no sufficient distress, the landlord may recover his rent by action at law against the lessee, or his representatives, under this express covenant. And as to the taxes, the goods of the in-coming tenant would be liable for

the said rent half yearly, (or quarterly,) without any deduction whatsoever; and also discharge all And taxes. rates and taxes which may be assessed on the said premises during the said term, (except the landtax). AND ALSO that he the said C. D., shall and To repair. will well and effectually repair(g) and cleanse the said premises, when and where necessary, and keep the same in good and tenantable repair at all times during the said term, accidents by fire only excepted); and also shall and will paint the outside To paint. wood and iron works of the said premises, twice in good oil colour, once in every three years, and paint, paper, and whitewash the inside parts thereof, which are now painted, papered, and white-washed, with good materials, once in every seven years during the said term; and the said premises, so repaired, cleansed, and painted, shall and will surrender and yield up to the said A.B., at the end or other sooner expiration of the said term. (h) AND it is hereby For landdeclared and agreed, that it shall be lawful for the said A. B., alone, or with others, to enter and view the condition of the said premises, when he shall think proper, and of any want of reparation which he shall perceive, to give or leave notice with the said C. D.; which want of reparation the said C.D. doth hereby agree to repair within two months after the giving or leaving such notice, pursuant to

such part growing due before his time, and which he would, of course, look to the landlord to pay. The land tax should be excepted, unless the tenant is to pay it; for if he agrees to pay all taxes, he will be bound to pay the land tax, although not specifically mentioned.-See notes to p. 54.]

(3) Secondly. The above covenant by lessee to keep the premises in tenantable repair, accidents by fire excepted.

lord to view.

Repairs.

[In this covenant, if the tenant undertakes to repair generally, without Observathe exception as to accidents by fire, he will be bound to re-build the pre- tions. mises, if they should happen to be burned down; and in case the same should be destroyed by any accident, he would have to re-build.—See notes to p. 56. As to what is tenantable repair.-See notes to pp. 70 and 71; and see p. 129.]

(h) Thirdly. A stipulation that the lessee will quietly yield up the pre- To yield up. mises at the end of the term in such repair.

[This is a common and usual covenant, the object of which is to render Observathe tenant liable to damages, if he persist in holding over after the ex- tions. piration of the term. In the absence of this covenant the landlord could not recover damages for the retention, unless notice had been previously given to the tenant to quit according to the statutes 4 G. 2nd, c. 28, and 1 G. IV., c. 87.]

For peace able enjoy

ment.

his said covenant;(i) PROVIDED ALWAYS, and it is hereby expressly declared and agreed, that if the said rent shall remain unpaid for twenty-one days after either of the said half yearly (quarterly) days of payment; or if the said C. D. shall neglect to perform his said covenants, or either of them, it shall be lawful for the said A. B. into the said premises to re-enter, and the same to repossess and enjoy as in his former estate and condition.(j) And the said A. B. doth hereby agree with the said C.D., that he, paying the said rent, and performing his said covenants, shall and may peaceably and quietly hold and enjoy the said premises, without any interruption, claim, or demand whatsoever, by the said A. B., or any person claiming under him.(k) And also case of fire. that if the said premises shall at any time during the said term be damaged or destroyed by fire, he the said A. B. shall and will rebuild or repair the Suspension same; and it is hereby declared, that during such case of fire. term as the said premises shall be rendered unfit for habitation by any accident by fire, the said rent

As to re

building in

of rent in

For lessor to enter. Observations.

Proviso.

Observations.

(i) Fourthly. A declaration that the lessor may enter and view the state of repairs; any want of which the lessee will amend on notice.

[This covenant is rendered necessary to prevent the lessor being deemed a trespasser in entering for the purpose of viewing the condition of the premises leased.]

(j) Fifthly. A proviso for re-entry for non-payment of the rent, or non-performance of the covenants.

[This proviso is usual and proper; and by giving the landlord a right of entry, without adding that the lease shall be absolutely void, will, if the breach of the proviso be committed, enable the landlord to waive the same if he thinks proper, but which could not be done if the lease was in such case declared to become void.-See 1 Saund. 287, n. 16.] Quiet enjoy. (k) Sixthly. A qualified covenant by the lessor for the lessee's quiet enjoyment.

ment.

Covenants.

[This covenant is generally so qualified; but it is apprehended that, if the lessee has not had an opportunity of inspecting the lessor's title, be may demand a general covenant against interruption; but this has been doubted, for the lessee, in general, has a right to apprise himself of the soundness of the lessor's title.- Fildes v. Hooker, 2 Mer. 424.

The above six covenants are considered as the common and indisputable proper covenants; but the following covenant in the text by the tenant to re-build the premises if they are destroyed by fire, and a corresponding declaration that the rent shall be suspended during the time the premises are rendered uninhabitable, appears to be a proper covenant, when it is considered that the tenant is bound to pay the rent under his covenant, whether he has a house to reside in or not; and moreover, that unless the lessor covenants to rebuild, he is not bound to reinstate the premises during the term, although he may maintain actions for the recovery of the rent, and although the premises are burned down or destroyed.-1 T. R. 310, 710. 6 T. R. 488; and see note (a) to p. 41; and also note (j) to p. 56; and see precedent, p. 114.]

mining

term.

hereby reserved, or a proportionate part thereof, shall be suspended for such time, and in such proportions as two indifferent persons, or their umpire, shall adjudge in the usual way of arbitration. And As to deter it is hereby lastly declared and agreed, that if at the lease at any end of the first seven or fourteen years of the said period of term, the said C. D. shall be desirous of determining this tenancy, and of such his desire shall give or leave six calendar months' notice in writing, to or with the said A. B., at his last or most usual place of abode in England; then, on the expiration of the said first seven or fourteen years of the said term, as the case may be, and payment of the said rent, and performance of the said covenants, this present lease, and every clause and thing herein contained, shall cease and be void. In witness, &c.

(4.)

Lease of a Shop and Warehouse, (Part of a
Dwelling-house and Premises).(1)

THIS indenture, made this day of, &c., BE- Parties. TWEEN A. B., of, &c., of the one part, and C. D., of, &c., of the other part, WITNESSETH, that for and in Witnesseth. consideration of the rent and covenants hereinafter reserved and contained, which on the part and behalf of the said C. D., his executors, administrators, and assigns, are to be paid and performed, he the said A.B. DOTH hereby demise and let unto the said C.D., Demise. his executors,administrators, and assigns, ALL that(m) shop or lower room, situate, lying, and being in, &c., with the warehouse adjoining to the messuage and premises, of which the premises hereby demised are part and parcel, late in the tenure of, &c., but now in the tenure or possession of him the said A. B., or his assigns; TO HAVE AND TO HOLD the said Habendum.

(1) This form may be applied to any small tenement, or part of a house, Form. to which may be added any requisite covenant contained in the preceding forms.

(m) If other part of a house, describe the rooms, as, “All that dining Where part room and bed room, &c., being part of a messuage, &c., situate, &c., and of a house. all ways, passages, lights, easeinents, privileges, and appurtenances, to

the same belonging."

shop, or lower room and warehouse, unto the said C. D., his executors, administrators, and assigns, from, and, &c., last past, for and during the term of seven years from thence next ensuing, Reddendum and fully to be complete and ended ;(n) yielding and paying therefore, yearly and every year during the said term hereby granted unto the said C. D., his executors, administrators, and assigns, (o) the yearly rent or sum of, &c., to be paid by equal quarterly payments, being the days following the of, &c., in every year, the first quarterly payment thereof to begin and be made on the

Covenant

of rent.

day

day of

next ensuing the date of these premises. And for payment the said A. B., for himself, his executors, administrators and assigns, doth covenant and grant to and with the said C. D., his, &c., by these presents, that he the said C. D., his executors, administrators, or assigns, shall and will well and truly pay, or cause to be paid, unto the said A. B., his, &c., the said yearly rent or sum of, &c., on the respective days of payment hereinbefore mentioned. (p) Provided always, and it is hereby declared, that if it shall happen the said yearly rent or sum of, &c., or any part therof, shall be behind and unpaid, in part or in all, by the space of fifteen days next after any or either of the said days of payment on which the same ought to be paid as aforesaid, being lawfully demanded; that then and from thenceforth it shall and may be lawful, to and for the said A. B., his executors, administrators, or assigns, into the said shop or lower room to re-en

Proviso in shall be be

case rent

bind.

Proviso.

Re dendum

Gunpowder

(n) If a proviso is intended to be inserted for determining the lease at the end of a certain period, add here, “ Determinable, nevertheless, as hereinafter mentioned."

(0) If the lessor has the freehold, the reservation and covenants must be to him, his heirs and assigns.-See p. 485.

(P) A covenant may be added here for lessee not to use or permit offensive trades, see p. 494, and then may follow in addition, " Nor shall nor will bring, or permit to be brought to or lodged in or upon the said demised premises, or any part thereof, any hemp, flax, tallow, oil, pitch, tar, turpentine, gunpowder, or any other goods of a sort or quality which may in any way affect or invalidate any insurance or insurances from fire, made, or hereafter to be made, by the said (lessor), his heirs, execu tors, administrators, or assigns, in, of, or upon, the said dwelling-house, or in, of, or upon, any goods or merchandise, in the part thereof by him occupied."