LEASES. House, &c. Covenant for quiet enjoyment, on pay ment of rent, &c. contained to the contrary thereof in any wise notwithstanding, but without prejudice to any action (Concise Form.) or other remedies which he or they might otherwise have had for arrears of rent, or preceding breach of covenant. AND the said (lessor) for himself, his heirs, executors, and administrators, doth hereby covenant, promise, and agree, with and to the said (lessee), his executors, administrators, and assigns, that he and they paying the yearly rent hereby reserved, on the days and in the manner hereinbefore appointed for payment thereof, and observing and performing the several covenants and agreements hereinbefore contained, on his or their part to be performed and observed, shall or lawfully may, peaceably and quietly have, hold, use, occupy, and enjoy, the messuage or tenement, and all and tion to bankrupts, wherein a commission shall issue, and he or they shall be found or declared to be a bankrupt or bankrupts, or if he or they shall make any composition with his or their creditors for the payment of his or their debts, though a commission of bankrupt does not issue, or if he or they shall make any assignment of his or their effects in trust for the benefit of his or their creditors." Without a proviso of this kind an assignment by his assignees would not be a breach of the covenant, Doe v. Carter, 8 Durnf. and East. 57, 300. Wadham v. Marlow, 8 East. 314. n. unless the continuance of the lease be made to depend upon the actual occupation of the lessee. See Doe v. Clarke, 8 East. 185. Doe dem. Ibbotson v. Hawke, 2 ib. 481. Northcote v. Duke, Amb. 511. And that a proviso of this sort is good, see Roe v. Galliers, 2 Durnf. and East, 133. 3 Ves. jun. 236. Doe dem. Mitchinson v. Carter, 8 ib. 57, 300. Buckland v. Hall, 8 Ves. 92. Church v. Brown, 15 ib. 258. Ex parte Sherman, 1 Buck. 462. This, however, seems more requisite in a farming lease, where the opinion which the lessor has of the skill and other personal qualifications of his lessee is frequently the inducement to accept him as his tenant. singular other the premises hereby demised or otherwise assured, or intended so to be, with the LEASES. House, &c. rights, members, and appurtenances to the same (Concise Form.) belonging, for and during the term of years expressed or intended to be hereby granted thereof (23), without any lawful or rightful hindrance, molestation, interruption or disturbance whatsoever (24), of, or by him the said (lessor) or any other per (23) If the lease be determinable on notice, add, "Determinable nevertheless as hereinafter is mentioned." (24) If the lessor's title to the inheritance has not been previously ascertained, the covenant for quiet enjoyment should be general against all the world. See ante, No. VIII. p. 67 and 91, but if it has been submitted to the counsel of the lessee and approved, the covenant may be qualified; in which case add, "Of or by him the said (lessor), his heirs or assigns, or any other person or persons, now or hereafter, lawfully or equitably claiming or possessing any estate, right, title, trust, or interest, from under, or by him, them, or any or either of them, or any of the ancestors of the said (lessor), or by or with his, their, or any or either of their acts, means, consent, procurement, or privity." Lessor's title. notice. If the lease be intended to be determinable on notice, add here Lease determinable on a proviso for that purpose; but where a proviso of this kind is intended to be at the option of either party, it should be particularly so expressed, as it will otherwise be construed to be at the option of the lessee only. See Dunn v. Spurrier, 7 Ves. jun. 231, 3 Bos. and Pul. 399, 442, s. c. The proviso may be as follows: term of "PROVIDED ALWAYS, that if the said (lessee), his executors, administrators, or assigns, shall be desirous to quit the said messuage or tenement, and premises, hereby demised, at the end of the first or years of the said years hereby granted thereof, and of such his or their desire shall give six calendar months notice thereof in writing, to the said (lessor), his heirs or assigns, before the expiration of the said first or years, (as the case may be), then and in such case, all arrears of rent being duly paid, (1) and covenants and agreements on the part of LEASES. House, &c. Money paid by to be deemed rent. son or persons whomsoever. PROVIDED always, and it is hereby agreed and declared, that all payments (Concise Form.) to be made by the said (lessor) his heirs or assigns, for or on the part of the said (lessee) his executors, lessor for lessee] administrators, or assigns, for repairs, insurances, taxes, assessments, or otherwise, and all penal sums to be paid by him and them shall be deemed in the nature of rent, and he the said (lessor) his heirs or assigns, shall or lawfully may distrain, or otherwise proceed for recovering the same in like manner, as for the said yearly rent of £ , hereby reserved any rule of law to the contrary notwithstanding. IN WITNESS, &c. Lessee may purchase, the said (lessee) his executors, administrators, and assigns, observed and performed (or if the power of determining the lease be intended to be reciprocal add)" or if the said (lessor), his heirs or assigns, shall be desirous (b), &c. as above, and shall give unto the said (lessee), his executors, administrators, and assigns, six calendar months' notice thereof in writing, then and in either of the said cases, this lease and every clause and thing herein contained shall at the expiration of the first or years of the said term hereby granted, (whichever in the said notice shall be expressed) determine and be utterly void to all intents and purposes, in like manner as if the whole of the said term of years had run out and expired, or the said demise or lease had been made or granted for or years only, any thing in these presents contained to the contrary thereof notwithstanding, but nevertheless, without prejudice to any remedy which either of the parties or their respective representatives may have for breach of any of the covenants or agreements herein before contained." (1) The payment of rent, &c. are in this case conditions precedent to the lessee's determining his term at the end of the period mentioned, and therefore, merely giving the notice required will be ineffectual, unless the rents and covenants are paid and performed, see Porter v. Shepherd, 6 Durnf. and E. 665. If the lessee is to have the privilege of purchasing the premises, see post, p. 113 (A). LEASES. House, &c. (Concise Form.) (A) Proviso giving liberty to the lessee to purchase the Lessee to have premises. "And further, that in case the said (lessee), his executors, administrators, or assigns, shall during the said term of years hereby granted, be desirous of purchasing the inheritance of the said premises, and of such his desire and intention shall give twelve calendar months' notice in writing during the said term unto the said (lessor), his heirs or assigns, at his or their then dwelling-house, or usual place of abode, then and in such case he the said (lessor), his heirs or assigns, shall and will at any time during the said term of years, at the costs and charges in the law of the said (lessee), his heirs, executors, administrators, and assigns, convey and assure the inheritance of the said premises, with the appurtenances, unto the said (lessee), his executors, administrators, or assigns, or as he or they shall direct, the said (lessee), his executors, administrators, assigns, at the time of the execution of such conveyance and assurance, paying to the (lessor), his heirs or assigns, the sum of £ of lawful money of Great Britain, as the consideration money for such purchase, and also paying to him or them all arrears which shall be then due of the yearly rent of £ ***See further variations subjoined to the next precedent, No. X. liberty of purchasing. VOL. IV. LEASES. Underlease. Parties. No. X. An Under-lease, or Lease granted by a Lessee or Variations where the assent of the original Lessor is requisite, &c. &c. as below. (1). Variations. Brevity. Licence to demise. Acceptance of under lessee. (1) See also the variations, &c. subjoined to the preceding precedent, No. IX. ante, p. 94, et seq. and also the notes to No. VIII. * Where the lease is required to be made with all practical conciseness, the words within brackets may be omitted throughout the precedent. (2) If the licence of the original lessor be requisite to the validity of the lease, make him a party of the second part, for the purpose of testifying his consent, or his consent may be indorsed on the lease, in the form given at the foot of this precedent, rider (A.) post, p. 140. An acceptance of an under lessee as tenant by the landlord, with the assent of the first or original lessee, amounts to a virtual surrender of the original lease, and a redemise by the landlord, who is therefore prevented from afterwards resorting to the |