LEASES.

AGREEMENTS.

Copyholds.

If lessor unable
to obtain licence,
agreement to
be void.

Agreement not by intervening

to be affected

accidents.

PROVIDED ALWAYS, and it is hereby agreed, that in case the said (lessor) [his heirs or assigns] shall not be able to obtain the consent of the lord or lady of the said manor to demise the said premises for the said term of years hereby agreed to be granted thereof, these presents shall be void and of none effect, so far as the same relates to the said term of years; and then and in such case the same shall be construed to be an agreement for the demise of the said premises for the term of one year only, or such other longer term for which the same can be lawfully granted by the custom of the said manor, at and under the rent and covenants hereinbefore mentioned, with a covenant in the said lease to be contained on the part of the said (lessor) [his heirs and assigns], that he and they shall and will permit and suffer the said (lessee) [his executors, administrators, and assigns], to have, hold, and quietly enjoy the said premises from year to year until the full end and term of years hereby agreed to be granted thereof as aforesaid. And it is hereby further agreed and declared, that these presents shall not be vacated or affected by the damage or destruction of the said premises by fire or other accident, between the date hereof and the execution of the said lease so hereby agreed to be granted thereof as aforesaid. And it is hereby lastly agreed and declared that the expense of these presents, and of the lease and counterpart, so to be executed as aforesaid, shall be equally borne and

paid by the said parties hereto [their respective executors, administrators, or assigns].

NESS, &c. (1).

LEASES.

IN WIT

AGREEMENTS.

Copyholds.

(1) If the agreement is to be executed by the steward or other Agent. agent on the part of the lessor or lessee, see ante, No. I. p. 13,

n. (1).

LEASES.

AGREEMENTS.

Farm.

No. III.

An Agreement for a Lease of a Freehold Farm, and Lands, by the Owner of the Inheritance.

Variations where the Lands are Copyhold.

Where the Lessor is Tenant in Tail; Tenant for Life; seised in Right of his Wife; or demises under a

Power.

Also where the Lessor has himself only a Term in the Premises, &c. &c.

his [heirs (1), executors, and administrators] (2), of the one part, and (the lessee) of, &c. [for himself, his executors, administrators, and assigns], of Agreement for the other part, as follow, that is to say (3), [the

a lease.

Brevity.

Underlease.

Agent.

*N. B. The words within brackets may be omitted where extreme brevity is desired.

(1) If the lessor have a term for years only in the premises to be demised, say, "executors and administrators," instead of "heirs," throughout the precedent.

(2) If the agreement be entered into by the bailiff or other person, as agent of the lessor or lessee, see No. I. p. 2, n. (3).

(3) If the lessor be tenant for life, or grant the lease under a power, &c. see No. I. p. 3, n. (2).

now

said (lessor) in consideration of the rents (1), co-
venants, and agreements hereinafter contained on
the part of the said (lessee) [his executors, admi-
nistrators, and assigns], to be paid, performed,
and observed respectively, doth hereby covenant
and agree with and to the said (lessee) [his exe-
cutors, administrators, and assigns], that he the
said (lessor) [his heirs or assigns], (2), shall and
will, on or before the
day of
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 pur-
pose, grant and execute unto the said (lessee) [his
executors, administrators, or assigns], a good and
effectual demise or lease, to be prepared or ap-
proved by the counsel of the said (lessor) or [of
his heirs or assigns] of ALL that messuage or tene-
ment, and dwelling-house, situated, &c. AND
also all those pieces or parcels of arable and
pasture, meadow, and other lands thereto be-
longing, [that is to say, ALL that, &c.] called or
known by the name of Farm, as the same

are now, or late were in the occupation of, &c. (3)

LEASES.

AGREEMENTS.

Farm.

(1) If a consideration be paid for the lease, see No. I. p. 3, Consideration. n. (4).

(2) If the lessor have a term only in the premises, or be Underlease. seised in right of his wife, &c. see No. I. p. 4. n. (1).

(3) If the lands, &c. intended to be demised, have already been letten to farm, it will be sufficient, without mentioning the name and situation of each piece of land, to describe them by,

"ALL that messuage, farm, and lands, situated at

Parcels.

at the yearly

except timber and other trees, &c. &c.

TO HOLD

the same unto the said (lessee) his executors, administrators, and assigns for the term of

years (1), to be computed from the

(2) at the yearly rent of £

day of

clear of

rent of £. all taxes and abatements whatsoever, (except the land tax), to be paid quarterly, at Lady day, Midsummer, Michaelmas, and Christmas, O. S. in each year, with an additional rent of

Covenants to be contained

in the lease on

lessee.

To pay rent and taxes.

per acre,

for converting arable into pasture, or pasture into arable land (3). AND IT IS HEREBY DECLARED AND AGREED, that there shall be contained in the said the part of the lease by and on the part of the said (lessee) [his executors, administrators, and assigns], a covenant for payment of the said yearly rent, in the manner aforesaid, and all taxes, assessments, and other deductions, except as aforesaid, during the said term, save only during such time as the said premises shall be untenantable by reason of fire, storm, or tempest, in which case, a proportionate

Tenant in tail, &c.

Copyholds. Lease determinable.

Lessor's title.

and called

containing in the whole

acres,

or thereabouts, as the same was and were late in the tenure and occupation of

(1) If the lessor be tenant in tail, or seised in right of his wife, or an ecclesiastical person, or tenant for life, &c. with power to grant leases, see No. I. p. 5, n. (3).

(2) If the premises be copyhold, see ante, No. II. p. 15, n. (2). If the lease be intended to be determinable on notice, see No. I. p. 5, n. (4).

(3) Here may be inserted an agreement that the lessee shall or shall not be at liberty to investigate the title of the lessor; see ante, No. I. p. 6, n. (3).