AGREEMENT FOR LEASE BY Parties. Agreement to grant lease, to be in form set out in schedule. lessor to complete house. Lessee to pay premium. No. XVIII. AGREEMENT for a LEASE of a HOUSE IN TOWN in consideration of a PREMIUM. The LESSOR, who is a BUILDER, agrees to complete the house before a certain day. MEMORANDUM OF AGREEMENT, dated the day of D., of, -, BETWEEN A. B., of, &c., of the one part, and C. &c., of the other part, whereby it is agreed as follows: The said A. B. agrees, in consideration of the sum of £by way of premium to be paid to him by the said C. D., as hereinafter mentioned, and also in consideration of the rent and lessee's covenants to be reserved and contained by and in the lease hereinafter mentioned, to grant to the said C. D. a lease of all that, &c. (describe house) for a term of computed from the day of years, to be next, at the yearly rent of £payable quarterly on the usual quarter days, such lease to contain the covenants, clauses, and conditions, and be in the form set out in the first schedule hereto: AND the said A. B. Agreement by also agrees to complete the said messuage in accordance with the specifications set out in the second schedule hereto, on or before the day of next AND the said C. D. agrees to accept the said lease, and to pay the said premium of £- in manner following, viz., the sum of £- — on the signing hereof, and by way of deposit, and the remaining sum of £ on the day of next, on which day the lease and counterpart shall be executed: AND IT IS AGREED that the intended lease and counterpart shall be prepared by the lessor's solicitor at the cost of the lessee, who shall not require any evidence of the lessor's title. AND IT IS ALSO AGREED that if the said C. D. shall not perform his part of the above conditions the sum of £ paid by him shall be forfeited to the said A. B. Deposit to be forfeited on non-performance by lessee of his part of agreement. AS WITNESS, &c. THE FIRST SCHEDULE (setting out the intended lease). THE SECOND SCHEDULE No. XIX. LEASE of a FARM from YEAR to YEAR (adapted to a Lady-day or Michaelmas taking) (k). MEMORANDUM OF AGREEMENT, made the day of OF A FARM FROM YEAR TO YEAR. , 18, BETWEEN A. B., of, &c. (landlord), of the one Parties. part, and C. D., of, &c. (tenant), of the other part. 1. THE said A. B. (hereinafter called "the landlord") hereby Agreement to agrees to let, and the said C. D. (hereinafter called "the let and take. tenant") hereby agrees to take, THE farm and lands situate in the parish of, in the county of, called Farm, and particularly described in the schedule hereto, the tenancy to be day of made on the day of ditions hereinafter expressed. and reserva 2. ALL timber and timber-like trees, tellars, pollards, and sap- Exceptions lings, gravel, and stone in and upon the said lands are excepted tions. and reserved out of this demise; AND the landlord shall be at Timber, &c. liberty by himself, his agents, and servants, to enter into and upon the said lands at all reasonable times for the purpose of marking, felling, cutting, digging, and carrying away the same, paying reasonable compensation to the tenant for all damage done thereby. 3. THE right to kill and take game, sport and fish over the said Game. lands is also reserved to the landlord, and all persons authorized by him in that behalf, but subject as to ground game to the provisions of the Ground Game Act, 1880 (m). () It will be borne in mind, that the terms of a tenancy vary according to the custom of the country. (2) If a half-year's notice to quit is stipulated for, substitute for “ year's notice "" a "half-year's notice." a (m) If only a concurrent right to sport is to be reserved, substitute as OF A FARM FROM YEAR TO YEAR. Mutual agree ments to observe conditions and agreement by landlord for quiet enjoyment by tenant. Tenant to pay taxes. 4. THE PARTIES hereto hereby mutually agree to observe the conditions hereinafter expressed, and the landlord further agrees that the tenant paying the rent and observing the said conditions on his part, may quietly hold and enjoy the premises hereby demised without any interruption by the landlord or any person rightfully claiming under him. 5. THE TENANT shall pay the rent hereby reserved at the time and in the manner aforesaid, and shall also pay the [tithe rentrent, rates and charge and] all rates, taxes, and assessments payable in respect of the said premises during the tenancy, except the land tax and the landlord's property tax [and the tithe rentcharge], and no deduction is to be made from the rent in respect thereof. 6. UPON taking possession of the farm the tenant shall allow to the outgoing tenant according to a valuation for the matters and things in respect whereof such outgoing tenant is entitled to payment or allowance according to the terms of his tenancy (n). To pay outgoing tenant according to valuation. To reside in the farmhouse and not to assign or underlet. Repairs to be pay or 7. THE TENANT shall reside in the farmhouse, and shall not assign or underlet the said premises without the landlord's consent in writing. 8. THE TENANT shall keep the farmhouse and buildings done by tenant. (except the main walls, main timber and roof) in good and tenantable repair, and so leave the same at the end of the tenancy. He shall also from time to time, at the proper season, well and sufficiently lay, cut, repair, and keep repaired, all hedges, mounds, rails, gates, and fences, and open, scour, cleanse, and throw all ditches, watercourses, and drains, and so leave the same at the end of the tenancy. To preserve winged game. 9. THE TENANT shall preserve the game hereby reserved to the landlord, and (subject to the provisions of the Ground Game Act, 1880) shall not allow any person to shoot or sport over the said lands without the landlord's permission. He shall also sign all notices not to trespass required by the landlord. follows: The right to shoot, fish, or otherwise sport over the said lands, is reserved to the landlord, and all persons authorized by him, but this reservation shall not prevent the tenant from also shooting, fishing, or sporting thereon. (n) Sometimes a more elaborate arrangement is necessary. See the special clause as regards valuations between outgoing and incoming tenant in Precedent No. XX., infra. OF A FARM FROM YEAR TO YEAR. 10. THE TENANT shall not fell, lop, or top, or suffer to be felled, lopped, or topped, any timber or other trees on the said lands without the landlord's consent, except that he may lop To preserve pollards usually lopped, but shall preserve all such trees from trees. spoil or damage by cattle or otherwise. He shall also at his own expense, plant, fence, and protect all fruit trees supplied by the landlord. new footpaths 11. THE TENANT shall do his best to prevent new footpaths To prevent from being made over any of the said lands, or any waste from from being being enclosed on the footpaths of the said lands. made or waste from being enclosed. Not to mow more than once a year, not to break land under a rent. 12. THE TENANT shall not mow any meadow or pasture land for hay more than once in the year, nor later than usual and customary in the neighbourhood, and shall not break up or convert into tillage any meadow or pasture land without the land- up pasture lord's written consent, and if he shall do so he shall during the penalty by way remainder of the tenancy pay the additional yearly rent of of additional £50 for every acre of land which shall be so broken up or converted into tillage, and so in proportion for any less quantity than an acre, such additional rent to be payable half-yearly on the days aforesaid, and to be recoverable by distress or otherwise as rent hereby reserved. He shall not take two white crops Not to tako in succession, and generally shall manage and cultivate the farm two white in a husbandlike manner, so as not to impoverish any part cession and thereof, and shall leave the same at the end of the tenancy in properly. good heart and condition. crops in suc cultivate farm, but may remove hay on 13. THE TENANT shall spend and consume on the said farm To consume all and lands all the hay, straw, green crops, and fodder, dung and fa&c. on manure produced and made thereon; the dung and manure to be spread over the lands in a husbandlike manner. EXCEPT that he shall be at liberty to remove hay and straw, if for every ton of hay or straw so removed he brings and consumes on the said farm at least three tons of good rotten dung or other manure of equal goodness. last year bringing in other manure. arable with grass seeds with Lent 14. (If the taking is a Lady-day one.) THE TENANT shall in the In last year of of the tenancy prepare and sow in proper season with tenancy to sow wheat such portion of the arable land as shall be in due course wheat, and for the same, and shall sow good grass seed with the last year's and harrow in the same: He shall also permit the landlord or incoming tenant to enter upon the arable land (except such parts thereof as shall be in due course for wheat or in enter on parts Lent crops, corn. Incoming tenant may on last year OF A FARM FROM YEAR TO YEAR. of arable to prepare for crops. clover or root crops), at any time after the 1st day of January preceding the end of the tenancy, for the purpose of preparing the same for the next year's crops: He shall also at the end of the tenancy leave for the landlord or incoming tenant all the left for incom- hay, straw, and roots remaining unconsumed, he, the tenant, being paid or allowed for the matters and things aforesaid as hereinafter is provided. Hay, &c. to be ing tenant. To stack in barns, &c. produce of last year. (If the taking is a Michaelmas one.) THE TENANT shall stack in the barns and rickyards in the last year of the tenancy all the corn, grain, and hay produced on the said premises (the corn and grain to be there thrashed out, and all the hay, straw, chaff, stubble, and fodder to be there consumed by cattle in a husbandlike manner, and the dung, manure, compost, or soil therein arising to be left on the premises), for which purpose the tenant shall have the use of such of the barns and yards as may be necessary until the 1st day of May next after the end of the tenancy AND in the last year of the tenancy the landlord or his incoming tenant shall be at liberty to enter upon the lands for a year of tenancy wheat season so soon as the crop for that year is cleared off, in order to prepare the same for such season, and may also sow seeds among the Lent or summer corn, which the tenant shall harrow in AND the tenant shall also leave for the landlord or his incoming tenant all the hay, straw and roots remaining unconsumed, being paid or allowed for the same at a spending price. Incoming tenant may enter in last on parts of farm. lord. Repairs to be 15. THE LANDLORD shall during the tenancy keep in good and done by land- tenantable repair the main walls, main timbers, and roofs of the farmhouse and buildings upon receiving notice from the tenant that any such repairs are wanted (o). He shall also find sawn timber in the rough for all repairs of fences and other external repairs to be done by the tenant. He shall also keep the farmhouse and buildings insured against loss or damage by fire in a sum sufficient to cover the value thereof, and all money received under such insurance shall be forthwith laid out in rebuilding and reinstating the premises in respect of which the same shall have been received. Insurance against fire. 16. (If the taking is a Michaelmas one.) THE LANDLORD or the incoming tenant shall take the turnips and fallows at the end of the tenancy, and shall pay the tenant for labour and seeds (0) See Makin v. Watkinson, L. R. 6 Ex. 25. |