OF A DWELLING HOUSE. outside every every seven outside stucco and colour lessor to enter and in a proper and workmanlike manner the outside wood and ironwork of the said premises once in every four years of the said term, and such parts of the inside of the said To paint premises as have been usually painted once in every seven years four years, of the said term, the last painting both outside and inside and inside to be in the year immediately preceding the determination of years. this lease, whether by effluxion of time or notice: AND will at To restore the same time with every outside painting restore and make work, good the outside stucco work wherever necessary, and at the same time with every inside painting whitewash and colour such and whitewash parts of the inside of the said premises as are usually white- inside. washed and coloured: [AND ALSO will pay and contribute a fair To contribute proportion of the expenses of making, repairing, and securing party walls, to repairs of all party and other walls, gutters, sewers, and drains belonging &c. to the said demised premises in common with the adjacent premises]: AND ALSO will permit the lessor, or his agent, with To permit or without workmen, and others, twice in every year during the to view state said term, at convenient hours in the day time to enter into and of premises, upon the said demised premises, and view and examine the state and condition thereof, and of all such decays, defects, and wants of reparation as shall be then and there found, to give to the lessee notice in writing to repair and amend the same within six and to repair calendar months then next following, within which time the defects. lessee will repair and amend the same accordingly: AND ALSO To insure in will insure and keep insured the said demised premises from of lessor and loss or damage by fire, in the joint names of the lessor and lessee, in the Insurance office, or in some other wellestablished office to be approved of by the lessor, in the sum of £ at least, and will pay all premiums and sums of money to pay prenecessary for that purpose, and will whenever required produce miums, &c., to the lessor the policy of such insurance, and the receipt for policy and receipts for every such payment, and will cause all moneys received by virtue premiums, of any such insurance to be forthwith laid out in rebuilding and to lay out reinstating the said premises, and if the moneys so received moneys in rebuilding, shall be insufficient for the purpose, will pay the deficiency out and if of his own moneys: AND ALSO will not at any time during the insufficient, said term carry on or permit to be carried on any trade or deficiency, business upon the said premises, or permit the same to be not to de occupied or used in any other manner than as a private dwelling- but to use house: AND ALSO will not (except by will) assign or underlet the private after notice of joint names lessee, and produce insurance to make up on any trade, premises as dwellinghouse. OF A DWELLING HOUSE. Not to assign or underlet without consent, but consent not to be withheld. Power of to determine seven or four teen years. said demised premises, or any part thereof, without the consent in writing of the lessor, first had and obtained [unless such consent shall be unreasonably withheld]: PROVIDED ALWAYS, and it is hereby declared, that if the said yearly rent of £ or any part thereof, shall be in arrear for the space of twenty-one unreasonably days next after any of the days whereon the same ought to be paid as aforesaid, whether the same shall or shall not have been legally demanded, or if there shall be any breach or non-observance of any of the lessee's covenants hereinbefore contained (e), then and in any of the said cases it shall be lawful for the lessor, at any time thereafter, into and upon the said demised premises, or any part thereof, in the name of the whole to re-enter, and the same to have again, re-possess, Power to lessee and enjoy as in his former estate: PROVIDED ALWAYS, and lease at end of it is hereby declared that if the lessee shall be desirous of determining this lease at the end of the first seven or fourteen years of the said term, and of such desire shall give to the lessor, or his agent, or leave at his usual or last known place of abode in England or Wales, six calendar months' previous notice in writing, then and in such case at the end of such seven or fourteen years, as the case may be, the term hereby granted shall cease, but subject to the rights and remedies of the lessor for or in respect of any rent in arrear, or any breach of any of the lessee's covenants: AND the lessor (f) hereby covenants with the lessee, that the lessee paying the rent hereby reserved, and observing and performing the covenants and conditions herein contained, and on his part to be observed and performed, shall and may peaceably and quietly possess and enjoy the said premises hereby demised during the said term without any lawful interruption from or by the lessor (f) or any person rightfully claiming from or under him. AND IT IS DECLARED that where the context allows the expressions "the lessor" and "the lessee" used in these presents include, besides the said A. B., his heirs Covenant by lessor for quiet enjoyment by lessee. Meaning of (e) It is apprehended that the above proviso for re-entry will apply to the breach of a negative as well as an affirmative covenant. Evans v. Davis, 10 Ch. D. 74. (f) If the lease is by a tenant for life or other limited owner under a power contained in a settlement not made by himself, it will be safer to substitute" the said A. B." for the lessor," as otherwise, having regard to the interpretation clause at the end of the deed, a question might be raised whether the covenant would not render him liable for the acts of the remainderman. Cor if the lease is made under a power, successors in title] and assigns (g), and besides the said C. D., his executors, administrators, and assigns. IN WITNESS, &c. OF A DWELLINGHOUSE. No. VII.. VARIATIONS of LAST PRECEDENT to be made where LEASE 1. THIS INDENTURE made, &c., (date and parties as in Precedent No. VI.) WITNESSETH that in consideration of the rent, &c., the said A. B. (hereinafter called "the lessor") in exercise of the power (h) for this purpose given to him by an (g) For an interpretation clause in the case of an underlease, see Precedent No. VIII., infra, p. 64. (h) A power of leasing conferred by a deed or will is not taken away by the Settled Land Act; but if a power for the same purpose is vested by the Act in some other person, the consent of that person is necessary to its exercise. Sect. 56. In the above case it is supposed that the powers given by the deed or will and by the Act are vested in the same person. UNDER POWERS, ETC. 1. Under a power created by deed or UNDER POWERS, ETC. 2. By a tenant for life, &c., Land Act. day of 18-, indenture dated, &c., and made, &c., (date and parties) or by the day of, 18-, in the principal probate registry of the High Court of Justice, and of all other powers (if any) him hereunto enabling, doth hereby appoint and demise, &c., (the rest as in Precedent No. VI. to the end). 2. THIS INDENTURE, made, &c., (date and parties as in under Settled Precedent No. VI.). WHEREAS under an indenture dated, &c., and made, &c., (date and parties) [or under the will, &c.] the said A. B. is beneficially entitled to the possession of the hereditaments intended to be hereby demised for his life (i) [or for the life of X. Y., or in fee simple, subject to an executory limitation over on failure of his issue, or, in the case of any other limited owner, state the nature of his ownership] (k). NOW THIS INDENTURE WITNESSETH that in consideration, &c., the said A. B. (hereinafter called "the lessor ") in exercise of the power for this purpose given to him by the Settled Land Act, 1882, and of all other powers (if any) him hereunto enabling doth hereby demise, &c., (the rest as in Precedent No. VI. to the end) (1). 3. By trustees of a settlement infant tenant on behalf of for life, &c. Recital of settlement. 18-, 3. THIS INDENTURE made the day of BETWEEN E. F. of &c., and G. H. of &c., (trustees of the settlement) of the first part, A. B. of &c., (infant tenant for life) (m) of the second part, and C. D. of &c., (lessee) of the third part. WHEREAS under an indenture dated, &c., and made, &c., the said A. B. who is an infant is, or if of full age would be, beneficially entitled to the possession of the hereditaments intended to be hereby demised as tenant [for life or in tail, or as the case may be]; and the said E. F. and G. H. are the trustees thereof for the purposes of the Settled Land Act, 1882 (n): (i) Settled Land Act, 1882, ss. 6—14, 20. (k) Sect. 58. (This form will be applicable whether the person granting the lease has a legal or only an equitable estate. In either case the benefit of the covenants entered into with him will, under sect. 10 of the Conveyancing Act, 1881, be annexed and incident to and go with the reversion. (m) The infant is made a party, as the covenants will be entered into with him, but he will not execute the lease. (n) See the definition of the term " trustees of the settlement" in sect. 2, sub-sect. 8. The above form of recital will be applicable whether the trustees are appointed by the settlement itself or by the Court under sect. 38. day of UNDER POWERS, ETC. NOW THIS INDENTURE WITNESSETH that in consideration, &c., the said E. F. and G. H. for and on behalf of the said A. B. (hereinafter called the "lessor") in exercise of the power for this purpose given to them by the Settled Land Act, 1882, and of all other powers (if any) them hereunto enabling do hereby demise, &c., (the rest as in Precedent No. VI. to the end, omitting the covenant by the lessor for quiet enjoyment). 4. THIS INDENTURE made the 18-, 4. By person appointed by BETWEEN E. F., of, &c. (person appointed by Court to act for in- Court to fant) of the first part, A. B., of, &c. (infant tenant in fee simple) of the second part, and C. D., of, &c. (lessee) of the third part. on behalf of WHEREAS F. G., late of, &c., died on the intestate, seised in fee simple of the hereditaments intended to be hereby demised, and leaving the said A. B., who is an infant, his eldest son, and heir-at-law: AND WHEREAS by an order (p) of the High Court of Justice (Chancery Division) dated the day of exercise powers of Act infant tenant 18-, in fee simple. day of 18—, and made in the matter of, &c., and of the Settled Land Act, 1882, on the application of the said A. B., by L. M. his next friend, it was ordered that the powers conferred upon a tenant for life by sections 6 to 13 both inclusive, and sections 16 to 20 both inclusive, of the said Act, might be exercised by the said E. F. on behalf of the said A. B. during his minority: NOW THIS INDENTURE WITNESSETH that in consideration, &c., the said E. F. on behalf of the said A. B. (hereinafter called "the lessor") in exercise of the power for purpose given to him by the Settled Land Act, 1882, and of all other powers (if any) him hereunto enabling doth hereby demise, &c., (the rest as in Precedent No. VI. to the end, omitting the lessor's covenant for quiet enjoyment). this 18, 5. Ey tenant for life of property vested in sale, with trustees for BETWEEN A. B., of, &c., (tenant for life of proceeds) of the one proceeds of part, and C. D., of, &c., (lessee) of the other part: WHEREAS sale of under the following deeds, namely (state dates and parties) [or under the will of, &c., dated, &c., and proved, &c.] the hereditaments intended to be hereby demised are vested in trustees for sale, and the said A. B. is beneficially entitled during his life to the income of the moneys to arise from the sale of the said hereditaments, and to the rents and profits thereof until such (p) Sects. 59, 60. leave of Court. |