MODERN PRECEDENTS

IN

CONVEYANCING.

CLASS II.

LEASES.

AGREEMENTS.

No. I.

An Agreement (1) to grant a Lease of a Freehold Dwelling House, &c. by the Owner of the Inheritance.

Variations where the Lessor is himself only a Lessee of
the Premises.

Where he is Tenant in Tail or for Life, or seised in
Right of his Wife.

Where the Lessee pays a Consideration for the Lease.
Where the Premises are in Mortgage, &c. &c. as in
margin below.

(1) Where the premises intended to be demised are already on lease for a term which is not yet expired, or where from any

ว

LEASES. of the reign, &c. and]* in the year of our Lord

AGREEMENTS.

of, &c.

Freeholds.

BETWEEN (the intended lessor) (1)

[for himself, his heirs (2), executors, and administrators (3)], of the one part, and (the intended lessee) (4), of, &c.

Agreements for

leases must be in writing, except, &c.

Premises in mortgage.

Lessor a lessee only of the premises.

Agreement entered into by or to an agent of the lessor or lessee.

Mortgagee can

not become lessee.

other cause an immediate lease to take effect in possession cannot be granted, an agreement for a lease is frequently entered into. And such agreement (unless for a term not exceeding three years, and for which the rent reserved is at least twothirds of the real value), is required by the statute of frauds, (29 Car. 2, c. 3.), to be in writing, and signed by the party to be charged therewith, or his agent lawfully authorised. And vide Lawrenson v. Butler, 1 Sch. and Lef. 23; which will then be binding on the lessor and his representatives, Smith v. Watson, Bunb. 55.

But as an agreement for a lease will vest only an equitable interest in the lessee, this should seldom be considered as superseding the necessity of a more formal assurance to be afterwards executed. See also notes, &c. to Vol. I. No. I. p. 1, et seq.

* N. B. The words within brackets may be omitted throughout the precedent, where brevity is particularly desirable; but see Vol. I. No. XVI. p. 160, n. (1).

(1) If the premises be in mortgage, the mortgagee should be a party, as should he refuse to concur in the lease it will be ineffectual, Castigan v. Hartler, 2 Sch. and Lef. 160.

(2) If the lessor be himself a lessee only of the premises, omit the word "heirs ;" and if the lessor be a body corporate, say, successors," instead of " heirs," throughout.

(3) Where the agreement is entered into by a bailiff or other agent on the part of the lessor, add here,

"By A. B. of, &c. steward, bailiff, or agent of the said (lessor), lawfully authorised in this behalf."

And so mutatis mutandis, where the agreement is by an agent on the part of the lessee.

(4). The relative situation between mortgagor and mortgagee will not admit of a contract for a lease from the former to the

[for himself, his executors, administrators, and assigns] (1), of the other part, as follow (that is to say (2):

The said (lessor) in consideration (3) of the rents, (4), covenants, and agreements, hereinafter mentioned, on the part of the said (lessee) [his executors, administrators, and assigns], to be paid, performed, and observed, doth hereby covenant and

LEASES.

AGREEMENTS.

Freeholds.

Lessor agrees

to grant a

lease.

latter, and such a contract, if in consideration of forbearance of payment, will prima facie be considered as usurious, Gibbons v. Creed, 2 Sch. and Lef. 214, even though made for a fair value, Webb v. Korke, ib. 661, for the mortgagee can not have interest for his money, and a collateral advantage besides, Jennings v. Ward, 2 Ven. 520.

(1) Although assigns be expressly named, they will not be Assigns not bound if the covenants be not of such a nature as to run with the land, Mayor of Congleton v. Pattison, 10 East. 150.

bound unless Covenants run

with the land.

Lessor tenant

a power.

(2) If the agreement be entered into by a tenant for life, or other person under a power to grant leases, it will be proper to for life or under notice that circumstance here by a short recital. And an agreement for a lease by such person will be binding on the owner of the inheritance, see Shannon v. Bradstreet, 1 Sch. and Lef. 52, Sugd. Pow. 344.

(3) The consideration of an agreement for a lease must be Consideration. pure and free from any vitiatory motive, as usury or the like,

Molloy v. Irwin, 1 Sch. and Lef. 310.

And it may here be noticed that a lease cannot be granted in consideration of a loan of money, see Drew v. Power, 1 Sch. and Lef. 194.

(4) If the value of the lease to be granted is to be paid down by the lessee instead of an annual rent being reserved, see ante, Vol. I. No. IV. p. 46. The lessee being in this case more properly the purchaser of the land for the term, than what is generally meant by a lessee. And if a rent is also to be reserved as well as a sum of money paid (which is sometimes done), the form there given must be so consolidated with this, as to adapt this agreement to those circumstances.

LEASES.

AGRIIMENTS.

Freeholds.

agree with the said (lessee) [his executors, administrators and assigns], that he the said (lessor) [his heirs or assigns] (1), shall and will (2) on or before the

day of

now next

ensuing, upon request made to him [or them] in writing, under the hand of the said (lessee), [his executors, administrators, or assigns], for that purpose, grant and execute unto the said (lessee) [his executors, administrators, and assigns], (and he the said (lessee) doth hereby consent and agree to accept and execute a counterpart of) a good

Lessor an assignee only of the premises.

Wife's estate.

lease.

(1) If the grantor be only a lessee of the premises, say,
"Executors or administrators,"

Or the words of representation may be wholly omitted.
If the lessor be seised of the inheritance in right of his wife
only, add,

If, however, the lessor be possessed of a term of years only in his wife's right, it has been doubted whether an agreement for a lease by him of a part of her term, will bind her in the event of his death before the lease be actually executed. See Druce v. Dennison, 6 Ves. jun. 385.

Agreement (2) In framing an agreement for a lease, care must be taken should expressly refer to a future that it refer expressly to a future lease, and that it do not contain words of present contract, as this would constitute a present demise, Poole v. Bently, 12 East. 168; Tempest v. Kawling, 13 ib. 18; Love v. Pares, ib. 80, Doe, dem. Walker v. Groves, 15 ib. 244; Brown v. Warner, 15 Ves. 156, and the future lease covenanted to be granted would be construed to be intended as a further security only..

But whether an instrument shall be a lease or only an agreement for a lease depends on the intention of the parties to be collected from the instrument, Morgan dem. Dowding v. Bissett, 3 Taunt. 65.