« ForrigeFortsett »
to do the
the time men
tioned in the
Lessee not to carry on of
consent of the lessor.
amend the same within the time or space of one And the les- calendar month next after such notice thereof shall be given or left as aforesaid; within which time the said (lessee,) for himself, his executors, administrators, and assigns, doth hereby covenant, promise, and agree to and with the said (lessor,) his heirs and assigns, to repair and amend all such defaults and want of reparation whereof such notice shall be so given or left as aforesaid. And also, that he, the said (lessee,) his executors, administrators, and assigns, shall not, &c., [against offensive trades.] And the said (lessee) doth hereby, Nor to assign for himself, his heirs, executors, and administrators, covenant, promise, declare, and agree to and with the said (lessor,) his heirs or assigns, that he, the said (lessee,) his executors or administrators, shall not nor will at any time hereafter, during the said term hereby granted, assign," set over, or part with this present indenture of lease, or lease, set, or demise the same premises, or any part thereof, for the whole or any part of the said term, unto any person or persons whomsoever, or cause or procure, permit or suffer the said premises, or any part thereof, to be held, had, used, occupied, or enjoyed, by any other person or persons whomsoever, without the licence and consent in writing of the said (lessor,) his heirs or assigns. Provided always," [Here add the usual re-entry. proviso for making void the lease upon the non-perFor peaceable formance of, &c.; and for peaceable possession on on perform- performance of the covenant. (See p. 81.)
ing the covenants.
1 Letting lodgings is not a breach of a covenant not to underlet without licence; Doe v. Laiming, 4 Camp. 77.
m The covenant not to assign is not understood as a common and usual covenant; it should therefore be expressly stipulated for in agreements for leases; ante, p. 16.
* An underlease is a breach of a covenant not to assign for any part of a term. Doe v. Worsley, 1 Camp. 20.
"If the proviso extends only to a right of re-entry, the lease may be confirmed by acceptance of rent, after the landlord has notice of the breach of condition; (1 Saund. 287, n. 16.)
proviso for determining the lease at the end of a certain number of years. (See p. 79.)]
UNDER-LEASE OF A HOUSE IN LONDON, WITH
This indenture, made, &c., between A. B., of, &c., of the one part, and C. D., of, &c., of the other part, witnesseth, that for and in consideration of Considerathe yearly rent hereby reserved, and of the covenants and agreements herein contained, on the part of the said C. D., his executors, administrators, and assigns, to be paid, observed, and performed, he, the said A. B., hath demised and leased, and by these Demise. presents doth, &c., unto the said C. D., his executors, administrators, and assigns, all, &c., together with all cellars, vaults, areas, and appurtenances, to the said premises belonging; and the goods, fixtures, and things mentioned in the schedule hereunder-writ- Exception of ten, (except and always reserved out of this demise, a passage the free passage and running of water and soil from for cleansthe other houses and buildings of his grace the duke ing same. of B., and his tenants, by and through the channels and drains of the said hereby demised premises, the tenant or tenants of such other houses and buildings, on request, paying his or their share and proportion of the charges of cleansing and repairing the same, as need shall require :) To have and to hold the said Habendum. piece or parcel of ground, messuage, or tenement, and all other the premises hereby demised, with their appurtenances, (except as aforesaid,) unto the said C. D., his executors, administrators, and assigns, from the 29th day of September next ensuing, for
• If a consideration be given by lessee for good-will, add, "and in consideration of the sum of, &c., by, &c., to, &c., the receipt, &c., and in consideration of the yearly rents," as above.
for water and
and during, and unto the full end and term of twenty-one years, fully to be complete and ended; yielding and paying, &c.P [Add a covenant for payment of rent.] And also shall and will, during the said term, bear, pay, and discharge the land-tax, sewers' rates, and all other taxes, rates, duties, and assessments whatsoever, whether parliamentary, parochial, or otherwise, now, or which, at any time or times during the said term, shall be taxed, rated, charged, or assessed on the said premises hereby demised, or any part thereof, or upon the landlord or tenant in respect thereof, or of the rent hereby reserved; and also shall and will, during the said term, when need shall require, bear, pay, and allow a reasonable share with the other tenants of supporting, repairing, cleansing, amending, and rebuilding all party-walls, gutters, sewers, drains, and cesspools, belonging to the said premises. And also shall and will, at all times during the said term, keep the said premises And to keep insured from loss or damage by fire, in the sum of at the least, in the fire-office, or such other public office for insurance in London or Westminster as the said C. D., his executors, administrators, or assigns, shall from time to time appoint; and when thereunto required, produce the current year's receipt for the premium for such insurance to the said C. D., his heirs, executors, administrators, or assigns, or her, his, or their steward or agent. And also that the said C. D., his executors, administrators, or assigns, shall and will, at his and their costs, at all times during the said term, when need And to yield shall require, well and sufficiently repair, support, amend, pave, paint, cleanse, and keep the said preof the time in mises, with the appurtenances, with all manner of such good re- needful and necessary reparations, cleansings, and amendments whatsoever. And the said premises so
premises insured from
And to keep premises in repair.
up the same
at the end
For a proviso not to assign, if intended, &c. see p. 82.
being well and sufficiently repaired, supported, amended, paved, painted, cleansed, and kept, together with all the doors, wainscots, shelves, dressers, drawers, locks, keys, bolts, bars, staples, hinges, hearths, chimney-pieces, mantle-pieces, chimneyjambs, foot-paces, slabs, covings, windows, sashes, shutters, partitions, sinks, pumps, pipes, water-closets, rails, and all other things which now are, or which at any time during the said term shall be, fixed or fastened to, or set up in or upon the said premises, or any part thereof, or belonging thereto, shall and will, at the expiration, or other sooner determination of the said term, which shall first happen, peaceably yield up to the said A. B., his executors, administrators, or assigns, together with the several fixtures and things mentioned and described in the schedule hereunder written, in the same plight and condition as they are now in, (reasonable use and wear thereof in the meantime, and casualties by fire only excepted.) And moreover, that it shall be Landlord to lawful for the said A. B., his executors, administra- view as to detors, or assigns, and for his and their steward, sur- cays, &c. veyors, workmen, and others employed by him or them, twice in every year, or oftener, during the said term, in the day-time, to enter into the said premises, or any part thereof, to search and see the decays and want of reparation and amendment in and about the same; and of the decays, defects, and wants of reparation and amendment there found, to give and leave notice in writing, on or at the said premises, for the amendment thereof; and that the said C. D., his executors, administrators, or assigns, shall and will, within three months next after every such notice, well and sufficiently repair, amend, and make good all such decays, defects, and wants of reparation and amendment, whereof notice shall have been so given or left, and all other decays, defects, and wants of reparation and amendment whatsoever. And also, that no erection or building whatsoever shall at any time during the said term be erected in tion.
make no erec
make no al
fer no nui
sance to stop window lights.
or over the yard or ground behind or belonging to the area of the said messuage or tenement hereby demised, or in or over any part or parts thereof respectively. And also, that no alteration or addition shall, at any time during the said term, be made in out consent of or to the height, front, sides, roof, walls, timber, or elevation of the said messuage or tenement and premises hereby demised, without the consent in writing of the said A. B., his executors, administrators, or assigns, or his or their steward or agent for the Tenant to suf- time being. And also, that no act, matter, or thing whatsoever, shall at any time during the said term be done in or upon the said premises, or any part thereof, which shall or may be, or grow to the an noyance, nuisance, grievance, damage, or disturbance of the said C. D., his executors, administrators, or assigns, or whereby the window or lights belonging to any messuage, tenement, or building, being the estate of the said A. B., his heirs or assigns, shall or may be in any manner stopped or obstructed. And also, that the trades or businesses of a brewer, baker, sugar-baker, vintner, victualler, butcher, tripe-seller, poulterer, fishmonger, cheesemonger, fruiterer, herbseller, coffee-house-keeper, distiller, dyer, brazier, smith, tinman, farrier, dealer in old iron or secondhand clothes, or second-hand boots or shoes, pipeburner, melting or other tallow-chandler, soap-boiler, blacking-maker, working hatter, or working cooper, shall not, at any time or times, during the said term, be carried on, in or upon the said premises. And also, that no auctions or public sales of household goods, or other things, shall at any time or times during the said term, be had or made in or upon the said premises, or any part thereof. And also, that the said premises shall not be used or occupied at any time or times during the said term as or for a police-office, or as or for a shop for the sale of coals, potatoes, or any provisions whatsoever, or as a brothel. Provided always, and it is hereby agreed, that if the yearly rent hereby reserved, or any part thereof,
Tenant to permit no trades to be carried on creating a
nuisance on premises.
No auctions or public sales to be'
held upon the premises, nor used as a po
lice-office or brothel. Proviso for re-entry, in
case of de
fault of payment of