PRECEDENT OF A HOUSE FURNITURE. notice. To keep the premises insured; furniture. AND WILL at his own expense, within three calendar months from the giving or leaving such notice, well and sufficiently amend the same accordingly (a); AND ALSO will, during the said term, at the like expense, keep the said premises insured (b) against loss or damage by fire To repair on in such office as the lessor shall approve, in the sums following, at the least, that is to say, the said dwellinghouse and stabling in the sum of £, and the said furniture and other effects specified in the said schedule, or substituted for the same, in the sum of £; AND WILL [produce the policy, ut supra, p. 360]; AND ALSO will not Not to remove remove any of the said furniture and other effects specified in the said schedule from the said dwelling-house and stabling without the previous licence in writing of the lessor. AND WILL not [assign, &c., without licence, supra, pp. 361, 362]; AND WILL at the expiration, or sooner determination of the said term, deliver up to the lessor the said premises (including the said furniture and other effects specified in the said schedule or substituted for the same under the covenant herein before contained), with all new fixtures and additions thereto in such good condition and complete repair as aforesaid. PROVIDED ALWAYS [proviso for re-entry, supra, p. 362]. PROVIDED ALWAYS that the lessee may at the end of the seventh or fourteenth year of the said term, determine the same upon giving to the lessor (c), or leaving for him at his last known place or places of abode in England six calendar months' previous notice (d) in writing of the intention so to do, and upon (a) That these covenants, and the previous general covenant to repair, are independent covenants, and that the lessor may sue on breach of the covenant to repair without giving any notice under this latter one, see Baylis v. Le Gros, 4 C. B. (N. S.) 537 ; Few v. Perkins, L. R. 2 Ex. 92. (b) See supra, p. 360, n. (d). (c) See Hogg v. Brooks, 15 Q. B. D. 256, showing that the following alternative is necessary. (d) No particular form of notice is required, but it must be clear and unambiguous: a notice in the alternative is bad. See Bury v. Thompson, [1895] 1 Q. B. 231. D.C.P. 24 Not to assign, &c. To deliver up the premises. Power for lessee to deter mine the lease on giving notice. XCVII. OF A HOUSE PRECEDENT paying the rent and performing and observing the covenants by the lessee herein contained up to the day of the said term being so determined. [Covenant by the lessor for quiet enjoyment, ut supra, p. 362, down to "interruption" and proceeding "by the lessor or of [the ground landlord] or any person claiming under either of them (a)." Interpretation Clause, supra, FURNITURE. pp. 362, 363.] IN WITNESS, &c. THE SCHEDULE above referred to. PRECEDENT OF A FARM. Parties. Witnesseth. XCVIII. LEASE of a FARM (b). THIS INDENTURE, made, &c., BETWEEN A., of, &c. (a) Unless the lessor expressly covenants to pay the rent and perform the covenants under his own original lease, the covenant for quiet enjoyment should be extended as in the text for the acts of the ground landlord, and those claiming under him. (b) This is a Precedent of a simple farming lease, containing no special stipulations as to mode of farming, &c., and applicable to a taking from any time in the year. The two following Precedents contain different forms of the stipulations usually inserted in farming leases of a more stringent character, those in the next Precedent being adapted to a taking from Lady Day. Precedent CI. is adapted for a Michaelmas take. The Agricultural Holdings (England) Act, 1883 (46 & 47 Vict. e. 61), does not appear to necessitate any alteration in a farming lease for a term of years. But a substituted scale of compensation for the improvements mentioned in the third part of the first schedule to that Act is sometimes provided pursuant to the 5th sect. See Precedent CI. The Act has been extended and amended by the Tenants Compensation Act, 1890, and the Market Gardeners Compensation Act, 1895. And see the Allotments and Cottage Gardens Compensation for Crops Act, 1887. PRECEDENT OF A FARM. timber. with the farm-house and other buildings thereon, the particulars whereof are specified in the schedule hereto, EXCEPT and reserved, out of this demise, all timber and other trees, and the right to enter and cut and remove Exception of the same, TO HOLD the premises, except as aforesaid, unto Habendum. the lessee, for the term of years from the date of Reddendum. these presents; YIELDING therefor, during the said term, the yearly rent of £, clear of all deductions, by equal half-yearly payments, on the day of and day of in every year, the payments to be made on the day of the the last to be made in advance on the first of such next [and day of Covenants by immediately preceding the expiration of the said term] (a). the lessee; AND THE lessee doth hereby for himself and his assigns. covenant with the lessor, that he the lessee, during the said term, will [pay rent, rates (b), &c., and keep insured "said farm-house and buildings," and produce policy, ut to keep the supra, p. 360]; AND WILL keep the said farm-house and premises in good condition, buildings, and all things in and about the same, and all fences, ditches, drains, watercourses, gates, fixtures and things upon or about the said farm and lands, in good condition and complete repair, and without any alteration, except such as the lessor shall approve of: AND WILL and properly cultivate, manure, and manage the said farm and lands in cultivated; a fair and proper manner according to the most approved not to convert course of husbandry (c), AND WILL not convert into arable land any land now in pasture or meadow, without the consent of the lessor; AND WILL, at the expiration or (a) See supra, p. 360, n. (a). (b) See p. 373, infra, n. (a). (c) In Meux v. Cobley, [1892] 2 Ch. 253, it was held that a covenant substantially in this form did not preclude the lessee from converting the farm into a market garden, sed quære. And compare Kehoe v. Marquis of Lansdowne, [1893] A. C. 451; and Lord Blackburn's judgment in Westropp v. Elligott, 9 App. Cas. 815. If there is any risk of the farm being used for other than legitimate purposes, it would be better perhaps to prescribe the mode of cultivation more exactly. See the provisions as to cultivation and management in Precedent CI., infra, p. 384. pasture or meadow into arable; and yield up at the end of the term; PRECEDENT OF A FARM. and that land to inspect. sooner determination of the said term, yield up the same premises in such good condition and complete repair, and in fair and proper order, as aforesaid, unto the lessor; AND THAT the lessor and his agents, surveyors, and lord may enter workmen, may, at all reasonable times during the said term, enter upon the said premises to inspect the same. and to cut and remove timber and other trees. [Covenant against assignment; proviso for re-entry; covenant by lessor for quiet enjoyment; ut supra, pp. 361, 362. Interpretation Clause, supra, p. 362.] IN WITNESS, &c. THE SCHEDULE above referred to. PRECEDENT OF A FARM BY Parties. Witnesseth. Demise. Parcels. Exception. XCIX. LEASE of a FARM by a TENANT for LIFE under a Power in a will. THIS INDENTURE, made the the day of BETWEEN A., of, &c. [tenant for life and donee of power], (a) As to the power of leasing conferred on tenants for life by the Settled Land Acts, see note (a), to Precedent CII., infra, p. 389. But these powers are cumulative, and do not affect the powers of leasing contained in a settlement, except by rendering the consent of the tenant for life necessary to the exercise of any such power by the trustees of the settlement or other person. (See sect. 56 of the Act of 1882 (App. VII., infra), and the Act of 1884 (App. VIII., infra), ss. 6 and 7). PRECEDENT XCIX. TENANT FOR LIFE UNDER POWER. -of timber and minerals, with liberty to enter and work, and to use land on paying compensation. immediately expectant on the determination of the term hereby granted (all of whom are hereinafter included in the expression "the reversioner or reversioners "), all OF A FARM BY timber and other trees, wood, and underwood, now, or at any time during the said term hereby granted, growing upon the said premises, and all mines and minerals lying in or under the same, with liberty for the reversioner or reversioners, and his or their lessees, agents, and workmen, at all times, with or without horses, carts and carriages, to enter upon the said premises, and every part thereof, and to fell, stub up, and carry away the said timber, trees, and underwood, and to search for, work, dress, manufacture, render merchantable, and carry away the said mines and minerals, and for the purposes aforesaid to do all such acts and things as he or they shall think necessary or expedient; AND in particular to occupy and use, exclusively or otherwise, so much of the land hereby demised as he or they shall reasonably require for any such purpose, the reversioner or reversioners compensating the lessees by abatement of rent or otherwise, according to the circumstances, for any damage or injury sustained by them; AND ALSO, except and reserving unto the Exception of reversioner or reversioners all the game upon the said game (a) with premises, with liberty for him and them, and his and their servants, friends, and all other persons by his or their permission, to hunt, kill, take, or destroy the same upon the said premises, at all times during the term hereby granted, as regards game other than hares and rabbits exclusively, and as regards hares and rabbits concurrently with any other person or persons for the time being legally entitled to the same or the like right (b). TO HOLD the premises (except as aforesaid) UNTO the Habendum. (a) Under sect. 6 of the Rating Act, 1874 (37 & 38 Vict. c. 54), the tenant may be entitled, in the absence of stipulation, to deduct from his rent a proportion of rates in respect of the right of sporting here reserved. See Duke of Devonshire v. Barrow Hæmatite Steel Co., 2 Q. B. D. 286; Chaloner v. Bolckow, 3 App. Cas. 933. (b) See the Ground Game Act, 1880 (43 & 44 Vict. c. 47.) exclusive liberty to hunt and destroy. |