LEASES.

Leases for more than

to be by

deed.

By the Statute of Frauds, leases of tenements or tiree years hereditaments for any period exceeding three years must be by writing; and by the 8 & 9 Vict. c. 106. s. 3. every lease of hereditaments required by law to be in writing is void at law unless made by Lease in deed. An instrument which in terms is a present be supported lease is void if not under seal, and cannot be supported as an agreement. (Stratton v. Pettit, 3 W. Rep. 548).

terms cannot

as an agree

ment.

Landlord's power of distress.

When a tenant holds of the lord of the fee or reversioner, subject to the payment of a certain rent, that rent is a rent service to which a power of distress is incident by common law; and by the 8 Ann. c. 14. ss. 6 & 7 the landlord is empowered to distrain for rent reserved on leases for life, for years, or at will, within six calendar months after the expiration of the lease, provided his title continues and the tenant is in possession at the time of the distress. The 8 Ann. c. 14. s. 1. provides, for the benefit of landlords who may be entitled to arrears of rent, that no goods shall be taken in execution

before payment to them of one year's rent, or any less amount which may be due. Executors or administrators of any lessor or landlord are empowered, by the 3 & 4 Wm. 4. c. 42. s. 37., to distrain for arrearages of rent due in the lifetime of the lessor or landlord, as he might have done in his lifetime, yet so that every distress for arrearages, made after the determination of the term, be made within one calendar month after such determination.

to arrears of

By the 3 & 4 Wm. 4. c. 27. s. 42. it is enacted, Limitation as that no arrears of rent or any damages in respect rent. of such arrears shall be recovered but within six years next after the same had become due, or next after an acknowledgment in writing of the same to the person entitled thereto or his agent. It is questionable whether this section could have applied to rents secured by specialty, but the 3 & 4 Wm. 4. c. 42. s. 3. now distinctly allows a period of twenty years for all actions of debt for rent reserved upon leases, and all actions of covenant or debt by specialty. If there has been any intermediate acknowledgment, the period of limitation will run from the time of such acknowledgment.

If a lessee for a term accepts a new lease from Merger. the reversioner, which is inconsistent with the continuance of the old lease, the former will merge or be surrendered by implication in the latter, although the second lease should be of shorter duration. (Hughes v. Robotham, Cr. El. 302).

of reversion.

The right to the rent followed the reversion, so As to merger that it was important, for the purpose of preserving

Liability of

tenant in

the landlord's remedies, that the reversion should not be merged or be surrendered; but this difficulty is now obviated by the 8 & 9 Vict. c. 106. s. 9., which provides that, in case of the merger or surrender of such reversion, the estate conferring, as against the tenant under the same lease the next vested right to the same hereditament, shall, for the purpose of preserving the incidents to such extinguished reversion, be deemed the reversion expectant on the lease. ·

By the statute of 6 Ann. c. 31. (made perpetual case of fire. by 10 Ann. c. 14. s. 1.) it is enacted, that no action, suit or process shall be had or prosecuted against any person in whose house or chamber any fire shall accidentally begin, or any recompence be made by such person for any damage suffered or occasioned thereby. If, however, the lease contains a covenant on the part of the lessee to repair generally without exception, he is bound not only to maintain the buildings demised, but also to restore buildings which may have been burnt, destroyed or injured by fire, tempest, lightning or any other accident. (2 Saund. Rep. by Wms. 422, n.; Pym v. Blackburn, 3 Ves. 34). And in the absence of express stipulation on the subject, a landlord is not bound to rebuild the premises which may be burnt down, although he may have insured the property. (1 Sim. 146).

Lessee's

liability

Although the lessee may not be obliged to reunder cove- build in case of accidental fire, yet if he has entered into a general covenant for the payment of rent during the term, he must pay rent during the whole

nant to pay

rent.

term, although the buildings may be burnt down. (Belfour v. Weston, 1 T. R. 310. 710).

A covenant to pay all taxes extends to the land Lessor's tax. (Amfield v. White, 1 Ry. & Moo. 246).

covenant to pay all

taxes.

from year to

year to year

is

notice.

That which amounts in construction of law to Tenancies a general letting at an annual rent, constitutes a year. tenancy from year to year, and the manner in which the rent is reserved is immaterial. (See 4 Jar. Con. by Sweet, 456). A tenant from year to year is Tenant from entitled to notice in order to determine his tenancy. A tenant at will is not entitled to notice, but he cannot be ejected without demand of possession. (Right d. Lewis v. Beard, 13 East, 210). If a tenant holds over after the expiration of his lease, he becomes tenant from year to year to the lessor after rent has been received by the lessor, and rent for a single quarter is sufficient to establish the tenancy. (Bishop v. Howard, 2 B. & Cr. 100; James v. Dean, 11 Ves. 395).

time notice

A tenant from year to year is entitled to half a At what year's notice to quit, which must expire at the time must quit. of the year when the tenancy commenced. (4 Jar. Con by Sweet, 468).

equity will

against

breach of

reentry.

When the lease contains a condition of re-entry in Where case of nonpayment of rent, equity will relieve the relieve lessee against a forfeiture by a breach of the condi- condition of tion on his duly paying all arrears of rent (Hill v. Barclay, 18 Ves. 56); but if the lease contains a provision or condition enabling the lessor to reenter, not only for nonpayment of rent, but for the nonobservance of the lessee's covenants, equity will not generally relieve the lessee against the legal consequences of a breach of any such covenants,

Lessor's right of entry will

not pass to

his assignee.

with the single exception of that for the payment of rent. For instance, equity will not interfere for

the benefit of the lessee in the event of a breach of a covenant to repair; not to assign the premises without license (Hill v. Barclay, 16 Ves. 402; S. C. 18 Ves. 56. 63); or to keep the property insured, (White v. Warner, 2 Mer. 459; Wilson v. Wilson, 2 W. Rep. 421; or to cultivate the property in a particular manner (Lovat v. Lord Ranelagh, 3 Ves. & Bea. 24); or to lay out a sum of money on the premises within a given time (Bracebridge v. Buckley, 2 Pr. 200), or in other instances which might be mentioned.

The right of entry for a breach of condition does not pass to the assignee of the lessor when such breach is committed during the continuance of the lessor's estate. (Crane v. Batten, 2 W. Rep. 550). The forfeiture occasioned by a breach of a covewaived. nant, is waived by a subsequent acceptance of rent, but the acceptance of rent is no waiver of forfeiture as to posterior acts or omissions in breach of the same covenant. (4 Jar. Con. by Sweet, 366).

When forfeiture is

Covenant to insure in

names of

lessor and lessce.

Expense of lease.

Effect of covenants

A lessee, under a covenant to insure in the joint names of the lessor or lessee, may insure in the name of the lessor alone. (Havens v. Middleton, 17 Jur. 271).

It is the invariable practice in the absence of stipulation to the contrary, for the lessor's solicitor to prepare the lease, and for the lessee to pay his own expenses as well as those of the lessor.

Although a lease contains a covenant that the or underiet. lessee shall not assign, the lease will vest in the assignees of the lessee in case of his bankruptcy, and