properly performed and expended upon such turnips and fallows. OF A FARM FROM YEAR TO be made to 17. At the end of the tenancy the landlord or the incoming Allowances to tenant shall allow to the outgoing tenant for the following tenant at the matters and things: (If the taking is a Lady-day one.) For the wheat and grass seeds sown by him during the last year, and for the cost of harrowing in the seeds, and for the winter feed of the arable lands given up by him to the landlord or incoming tenant: (If the taking is a Michaelmas one.) For the labour and seed properly performed and expended upon the turnips (Whether the taking be a Lady-day or Michaelmas one.) For the unconsumed hay, straw, and roots at a spend- end of re-entry. 18. Ir any rent hereby reserved shall be in arrear for forty Conditions of days, whether payment thereof shall have been legally demanded or not, or if there shall be any breach of any of the conditions herein contained and on the tenant's part to be observed or performed, or if the tenant shall become bankrupt, then and in either of such cases the landlord may re-enter and determine the tenancy without giving any notice to quit. valuation at 19. At the end of the tenancy an account shall be taken between Account and landlord and tenant as follows: 1st, a valuation shall be made of end of term. the several matters and things which are hereinbefore agreed to be paid or allowed for by the landlord or his incoming tenant, and the amount of such valuation shall be debited to the landlord; and 2ndly, the valuers shall determine whether any and (if so) what sum of money ought to be paid or allowed by the tenant to the landlord for any breach by the tenant of the terms and conditions of the tenancy, or in respect of the con (P) It is apprehended that under sect. 5 of the Agricultural Holdings (England) Act, 1883, this would be considered as substituted for the compensation provided by that Act for manurings. OF A FARM FROM YEAR TO Mode of valuation. may dition in which he has left the farm, and the same, together with any arrears of rent or of rates and taxes which be owing from the tenant, shall be debited to the tenant: And the balance which upon such account shall appear due from one party to the other shall be forthwith paid with interest thereon after the rate of £4 per cent. per annum, computed from the end of the tenancy. 20. EVERY valuation under these presents shall be made by two indifferent persons, one to be named by each party interested, and in case of their disagreement, then by an umpire, to be chosen by the valuers previously to entering upon the consideration of the matters referred to them, and in case either of the parties shall neglect to name a valuer for the space of seven days next after a notice in writing so to do shall have been given to him by the other party, or shall name a valuer who shall refuse to act, then the valuation may be made by the valuer named by the other party alone. The valuers or their umpire shall have power to decide any questions which may arise in the course of their valuation, and in particular any questions as to what matters or things are proper subjects of valuation or allowance according to the true intent and meaning of this agreement. Every reference to valuers under this agreement shall be deemed a reference to arbitration within the provisions of the Common Law Procedure Act, 1854, and shall have all the incidents and consequences of an arbitration under that Act. IN WITNESS, &c. THE SCHEDULE ABOVE REFerred to. No. XX. the SPECIAL CLAUSE as regards VALUATIONS between an CLAUSES AS TO OUTGOING and INCOMING TENANT. day of VALUATIONS. agreement tenant as to tenancy valuation. WHEREAS the farm is at present in the occupation of X. Y. Recital of (hereinafter called the outgoing tenant), under an agreement dated with outgoing 18-, and he has received notice to quit allowances at on the next, and by the said agreement it is the end of provided that the landlord or his incoming tenant shall at the according to end of the said tenancy pay or allow to the outgoing tenant, according to valuation, for the following matters and things, namely (specifying them): And it is also provided that at the end of the tenancy an account shall be taken between the landlord and outgoing tenant as follows: 1st, that a valuation shall be made of the several matters and things which are therein before agreed to be paid or allowed for by the landlord or his incoming tenant, and the amount of such valuation shall be debited to the landlord; and 2ndly, that the valuers shall determine whether any and (if so) what sum of money ought to be paid or allowed by the outgoing tenant to the landlord for any breach by the tenant of the terms and conditions of the tenancy, or in respect of the condition in which he has left the farm, and the same together with any arrear of rent or of rates and taxes owing from the tenant shall be debited to the outgoing tenant, and that the balance which upon such account shall appear due from one party to the other shall be forthwith paid with interest thereon after the rate of £4 per cent. per annum, computed from the end of the tenancy (4) Now IT IS HEREBY AGREED between the Agreement landlord and tenant under this agreement (hereinafter called "the incoming tenant "), that whatever sum of under the said recited agreement become payable to or from the outgoing tenant shall be paid or received (as the case may be) by the incoming tenant, and the valuations to be made under the agreement shall be binding on the incoming tenant : AND money allowed to incoming IT IS ALSO AGREED that if any sum of money shall by the valua- tenant for the said money shall that incoming tenant shall account with outgoing tenant on the terms of the above recited and that any agreement, state of the farm shall be (2) The recital must of course be made to agree with the actual terms laid out by of the agreement. It is above assumed that the clauses are the same as him on the those in the new agreement. VOL. II. H farm. VALUATIONS. CLAUSES AS TO tion to be made as aforesaid be awarded to be paid or allowed by the outgoing tenant to the landlord or the incoming tenant for any breach by the outgoing tenant of the terms and conditions of the tenancy or for the state of the farm, and which sum of money shall accordingly be brought into the account, and paid or allowed for as aforesaid, the incoming tenant shall lay out an equal sum on the farm forthwith, or as soon as the same can profitably be laid out thereon: AND whatever sum of money (if any) shall be found owing by the outgoing tenant for arrears of rent or of rates and taxes as aforesaid, and which shall accordingly be brought into the account and allowed for as aforesaid, shall be forthwith applied by the incoming tenant in the payment of such arrears. OF A FARM FOR A TERM. Parties. Lease of farm for twenty one years. No. XXI. LEASE () of a FARM for twenty-one YEARS (adapted to a Lady-day or Michaelmas taking). day of 18-, THIS INDENTURE, made the 1. In consideration of the rent and tenant's covenants herein- day of day of, in every year, the first payment to be (r) For variations where the lease is made under a power, &c., see Precedent No. VII., supra, p. 57. made on the day of next, and subject to the pro visions hereinafter contained. 2 and 3. (Exceptions and reservations as in Precedent No. XIX.) OF A FARM FOR A TERM. lease, and by quiet enjoy 4. THE TENANT hereby covenants with the landlord to pay the Mutual covenants by rent hereby reserved at the times and in manner aforesaid, and tenant and also to observe all the provisions contained in these presents landlord to which are or ought to be observed and performed on his part ditions of (which provisions are hereinafter referred to as "the tenant's landlord for covenants:") AND the landlord hereby covenants with the tenant ment by to observe and perform all the provisions contained in these tenant. presents which are or ought to be observed and performed on his part; AND ALSO that the tenant paying the rent hereby reserved, and observing and performing the tenant's covenants, shall and may quietly hold and enjoy the premises hereby demised without any interruption from or by the landlord or any person rightfully claiming from or under him. tenant. 5. THE TENANT shall pay (in addition to the rent hereby Covenants by reserved) the tithe rent-charge, and all rates, taxes, and assess- To pay rent, ments whatsoever which shall, during the tenancy, be payable rates, and in respect of the demised premises, except the land tax and landlord's property tax. taxes. without license 6. THE TENANT shall, at all times during the said term, reside Not to assign in the farmhouse, and he shall not assign or underlet the pre- and to reside mises hereby demised, or any part thereof, without the consent in farmhouse. in writing of the landlord [unless such consent shall be unreasonably withheld]. To paint out side once every five years, and inside every seven years. 7. THE TENANT shall keep the farmhouse and buildings hereby To repair. demised in good and substantial repair, and so leave the same at the end of the tenancy (s). [In particular he shall paint, once in every five years of the said term, all the outside wood and ironwork of the said farmhouse and buildings which have been usually painted, and once in every seven years the inside of the said house and buildings with two coats in oil of the best quality.] THE TENANT shall also from time to time at the proper season well and sufficiently lay out, repair, and keep repaired all hedges, gates and fences, and open, scour, cleanse (8) If the landlord is to insure, the words "damage by accidental fire and tempest excepted" should be added here. |