LEASES. House, &c. the said (lessor) (47), his heirs and assigns, shall or lawfully may, immediately upon or at any (Full Form.) time after any such breach, nonobservance, or nonperformance, enter into and upon the premises hereby demised, or any part thereof in the name of the whole, and repossess, retain, and enjoy the same, as of his and their former estate (48), and as if these presents had not been made, (any thing hereinbefore contained to the contrary thereof in any wise notwithstanding.) AND the said (lessor), for himself, his heirs, executors, and administrators, doth covenant and declare, to and with the Covenant by lessor that he has right to grant, &c. Entry. "Former estate." half of the lessee), be given to the lessor, in which case the lease (48) The reason of its being declared that in case of any breach of covenant on the part of the lessee the lessor shall reenter, as of his former estate," is that the premises may return to the lessor unaffected by any charges or incumbrances which may have been created by the lessee; and as all persons deriving title from him will necessarily take with notice of such agreement between the parties, this will be the actual consequence of such a stipulation, vid. 3 Elem. Conv. 2 Ed. ch. xi. sec. vi. said (lessee), his executors, administrators, and assigns, by these presents in manner following, (that LEASES. House, &c. That tenant shall quictly enjoy on pay ment of rent is to say) that he the said (lessor) at the time of the (Full Form.) sealing and delivery hereof, hath full and lawful power and authority to grant and demise the messuage or tenement, and premises hereby demised, leased, or otherwise assured, or intended so to be, at, for, and upon the rent, term, and conditions hereinbefore reserved and contained respecting the same, and according to the true intent and meaning of these presents. AND that he the said (lessee) his executors, administrators, and assigns, paying the yearly rent hereby reserved, at and upon the days and times, and in the manner hereinbefore appointed for payment thereof, and performing and observing the covenants and agreements hereinbefore contained, by him and them to be performed and observed, shall and lawfully may peaceably and quietly have, hold, use, occupy, and enjoy (49) the same messuage or tenement, and premises, with their respective rights, members, and appurtenances, for and during the term of expressed to be hereby granted thereof, without and perform ance of co venants. ment. (49) See the authorities, cited ante, p. 67, n. (4), from which Quiet enjoyit might seem, that where the lease is made by the words "grant and demise," an express covenant for quiet enjoyment may be dispensed with, but it is beneficial for the lessor by reason of qualifying the implied covenant agreeably to the particular, and it is also in some respects preferable on the part of the lessee, as no satisfaction is allowed in equity out of the assets of the covenantor on the breach of merely an implied covenant, Saltun v. Methuish, Amb. 250. LEASES. House, &c. Further as surance, any lawful denial, hindrance, molestation, or interruption whatsoever, of or by him the said (lessor) his heirs or assigns, or any other person or persons whomsoever (50). AND moreover, that he the said (lessor) and his heirs, and all and every person or persons so claiming or entitled as last aforesaid, shall and will from time to time, and at all times hereafter, during the term of years, hereby granted as aforesaid, or intended so to be, upon every reasonable request, and at the cost and expense of the said (lessee) his executors, administrators, and assigns, make, do, execute, and perfect, with all requisite dispatch, all and every such further and other lawful and reasonable acts, deeds, conveyances, matters, and things whatsoever, for the further, better, and more perfectly or satisfactorily demising, leasing, assuring, and confirming the said messuage or tenement, and premises, hereby demised, or mentioned, or intended so to be, unto the said (lessee) his executors, administrators, and assigns, for and during all the residue or remainder which shall be then to come and unexpired by effluxion of time, of or in the said term, as he the said (lessee) his executors, administrators, or assigns, or his or their counsel in the Quict enjoy mcut. (50) Where the lessor's title has not been inspected and approved of by the lessee, the covenant for quiet enjoyment should be general against all the world, and see Bradl. P. Bk. 49, and ante, n. (44). law, being of the degree of a barrister, shall reasonably require. IN WITNESS, &c. Signed, Sealed, and DELIVERED, &c. (51). LEASES. House, &c. (Full Form.) The Schedule or Inventory referred to in the above written Indenture. FRONT KITCHEN, two closets with panelled doors and three shelves; deal dresser, with two drawers and three shelves affixed; one stone chimneypiece, with shelf over the same, and black marble hearth, &c. &c. &c. (51) A lease for years of corporeal property need not be by Sealing, &c. deed, therefore it is not absolutely necessary (though usual) that it should be sealed or delivered. ** It is not usual to search for incumbrances, on behalf of Judgments. a lessee for years, but it is by no means unnecessary, parti cularly when the title of the lessor has not been investigated, which it seldom is. And see INTROD. vol. i. p. xcv. The statutes of registration do not extend to leases at rack- Registry, rent, or leases not exceeding twenty-one years, where the actual possession or occupation goes with the lease; but when the lease is of copyhold premises, or not at rack-rent, or exceeds the term of twenty-one years, or when (although it does not exceed that term) the possession or occupation does not follow the lease, it must be registered; and see Rigge on Stat. Reg. p. 87. As to the requisite stamp to be impressed upon a lease for Stamp. years, see 55 Geo. III. c. 184, ante INTRODUCTION. LEASES. House, &c. (Concise Form.) No. IX. Lease of a House, &c. by the Owner of the Inheritance, where all Repairs are done, and Taxes paid by the Tenant. Variations where the outer Part of the Premises are to be repaired by the Lessor, and the inner Part by the Tenant. Where the Landlord is to rebuild if the Premises are burnt down. Where the Rent is to cease if the Premises are burnt down. Where the Lease is determinable on Notice. Where it is determinable on the Death or Bankruptcy Where it is made by a Bailiff on the Part of the Lessor. Bailiff. (1) If the lease be granted by the steward or bailiff of the lessor, say, "By A. B. of, &c. his steward, bailiff, or attorney, lawfully authorised on that behalf." |