Schedule 4 | Land Title Practice Manual

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SCHEDULE 4

Directions as to the Forms in This Schedule

Parties who use any of the forms in the first column of this Schedule may substitute for the words “lessee” or “lessor”, any name [or other designation] and in every case corresponding substitutions shall be taken to be made in the corresponding forms in the second column.
Parties may substitute the feminine gender for the masculine, or the plural number for the singular, in the forms in the first column of this Schedule, and corresponding changes shall be taken to be made in the corresponding forms in the second column.
Parties may fill up the blank spaces left in the forms 6 and 7 in the first column of this Schedule employed by them with any words or figures and the words or figures introduced shall be taken to be inserted in the corresponding blank spaces left in the corresponding forms in the second column.
Parties may introduce into or annex to any of the forms in the first column any express exceptions from or express qualifications, and the same exceptions or qualifications shall be taken to be made from or in the corresponding forms in the second column.
Where the premises demised shall be of freehold tenure, the covenants 1 to 13, inclusive, shall be taken to be made with, and the proviso 14 to apply to, the heirs and assigns of the lessor; and where the premises demised shall be of leasehold tenure, the covenants and proviso shall be taken to be made with and apply to the lessor, his executors, administrators and assigns.
Parties may introduce into any lease other or further covenants, powers and provisions agreed on between them.

Column 1	Column 2
1 That [lessee] covenants with [lessor] to pay rent;	1 And the said lessee doth hereby for himself, his heirs, executors, administrators, and assigns, covenant with the said lessor that he, the said lessee, his executors, administrators, and assigns, will, during the said term, pay unto the said lessor the rent hereby reserved, in manner hereinbefore mentioned, without any deduction whatsoever;
2 and to pay taxes;	2 and also will pay all taxes, rates, duties, and assessments whatsoever, whether parochial, municipal, parliamentary, or otherwise, now charged or hereafter to be charged upon the said demised premises, or upon the said lessor, on account thereof, except such taxes, rates, duties, and assessments which the lessee is by law exempted from;
3 and to repair;	3 and also will, during the said term, well and sufficiently repair, maintain, pave, empty, cleanse, amend, and keep the said demised premises, with the appurtenances, in good and substantial repair, and all fixtures, and things thereto belonging or which at any time during the said term shall be erected and made, when, where, and so often as need may be;
4 and to keep up fences;	4 and also will from time to time, during the said term, keep up the fences and walls of or belonging to the said premises, and make a new any parts thereof that may require to be new made, in a good and husbandlike manner, and at proper seasons of the year;
5 and not to cut down timber;	5 and also will not, at any time during the said term, hew, fell, cut down, or destroy, or cause or knowingly permit or suffer to be hewed, felled, cut down, or destroyed, without the consent in writing of the lessor, any timber or timber trees, except for necessary repairs or firewood, or for the purpose of clearance, as herein set forth;
6 and to paint outside every ________ year;	6 and also that the said lessee, his executors, administrators, and assigns, will every ________ year in the said term paint all the outside woodwork and ironwork belonging to the said premises with 2 coats of proper oil colours, in a workmanlike manner;
7 and paint and paper every ________ year;	7 and also that the said lessee, his executors, administrators, and assigns, will every ________ year paint the inside wood, iron, and other works now or usually painted with 2 coats of proper oil colours, in a workmanlike manner; and also repaper, with a paper of a quality as at present, such parts of the premises as are now papered; and also wash, stop, whiten, or colour such parts of the said premises as are now plastered;
8 and to insure from fire, in joint names of [lessor] and [lessee]; to show receipts; and to rebuild in case of fire.	8 and also that the said lessee, his executors, administrators, and assigns, will forthwith insure the said premises hereby demised to the full insurable value thereof, in some respectable insurance office, in the joint names of the said lessor, his executors, administrators, and assigns, and the said lessee, his executors, administrators, or assigns, and keep the same so insured during the said term; and will, upon the request of the said lessor or his agent, show the receipt for the last premium paid for such insurance for every current year; and as often as the said premises hereby demised shall be burnt down or damaged by fire, all and every the sum of money which shall be recovered by the said lessee, his executors, administrators, or assigns, for or in respect of such insurance, shall be laid out and expended by him in building or repairing the said demised premises, or such parts thereof as shall be burnt down or damaged by fire, as aforesaid.
9 And [lessor] may enter and view state of repair, and that [lessee] will repair according to notice.	9 And it is hereby agreed that it shall be lawful for the said lessor and his agents, at all reasonable times during the said term, to enter the said demised premises, or any of them, and to examine the condition thereof; and further, that all wants of reparation which upon such views shall be found, and for the amendment of which notice in writing shall be left at the premises, the said lessee, his executors, administrators, and assigns, will, within 3 calendar months next after every such notice, well and sufficiently repair and make good accordingly.
10 That [lessee] will not use premises as a shop.	10 And also that the said lessee, his executors, administrators, and assigns, will not convert, use, or occupy the said premises, or any part thereof, into or as a shop, warehouse, or other place for carrying on any trade or business whatsoever, or suffer the said premises to be used for any such purpose, or otherwise than as a private dwelling house, without the consent in writing of the said lessor.
11 And will not assign without leave.	11 And also that the said lessee, his executors, administrators, or assigns, shall not, nor will, during the said term, assign, transfer, or set over, or otherwise, by any act or deed, procure the said premises, or any of them, or the term hereby granted, to be assigned, transferred, or set over, unto any person or persons whomsoever, without the consent in writing of the said lessor, his heirs, executors, administrators, or assigns, first had and obtained.
12 And will not sublet without leave.	12 And also that the said lessee, his executors, administrators, and assigns, shall not, nor will, during the said term, sublet the said premises hereby granted, or any part thereof, to any person or persons without the consent in writing of the said lessor, his heirs, executors, administrators, or assigns, first had and obtained.
13 And that he will leave premises in good repair.	13 And, further, that the said lessee, his executors, administrators, and assigns, will, at the expiration or other sooner determination of said term, peaceably surrender and yield up unto the said lessor, his heirs, executors, administrators, or assigns, the said premises hereby demised, with the appurtenances, together with all buildings, erections, and fixtures now or hereafter to be built or erected thereon, in good and substantial repair and condition in all respects, reasonable wear and tear and damage by fire only excepted.
14 Proviso for re-entry by the lessor on nonpayment of rent, or nonperformance of covenants.	14 Provided always, and it is expressly agreed, that if the rent hereby reserved, or any part thereof, shall be unpaid for 15 days after any of the days on which the same ought to have been paid (although no formal demand shall have been made thereof), or in case of the breach or nonperformance of any of the covenants and agreements herein contained on the part of the said lessee, his executors, administrators, or assigns, then and in either of such cases it shall be lawful for the said lessor, his heirs, executors, administrators, or assigns, at any time thereafter, into and upon the said demised premises, or any part thereof, in the name of the whole, to re-enter, and the same to have again, repossess, and enjoy as of his or their former estate, anything herein contained to the contrary notwithstanding.
15 [Lessor] covenants with [lessee] for quiet enjoyment.	15 And the lessor doth hereby, for himself, his heirs, executors, administrators, and assigns, covenant with the said lessee, his executors, administrators, and assigns that he and they, paying the rent hereby reserved, and performing the covenants hereinbefore on his and their part contained, shall and may peaceably possess and enjoy the said demised premises for the term hereby granted, without any interruption or disturbance from the said lessor, his heirs, executors, administrators, or assigns, or any other person or persons lawfully claiming by, from, or under him, them, or any of them.