(ix) To leave the land as well stocked with game as it was at the beginning of the term. (x) To supply the demised premises with good water. (xi) For quiet enjoyment. (xii) For further assurance. (xiii) To produce title deeds. (xiv) For renewal. (xV) To insure. (xvi) Not to assign or underlet without leave. (xviii) All implied covenants. 4. Personal. Such as are collateral to the thing demised; do not run with the land; nor bind the assignees of the term or reversion. § These are covenants which do not touch or concern the land, but are personal obligations, binding only on the lessor and the lessee. lustration. Hayward demised certain premises to be used as a public-house, and covenanted not to open another within the distance of half a mile. The lessee assigned the lease to Thomas. Hayward broke his promise, and opened another public-house within the prescribed distance. In an action by Thomas, it was held that the covenant did not run with the land, and that he, being an assignee of the lease, could not maintain an action upon such covenant.(b) § OF THE LIABILITY OF A LESSEE AND HIS ASSIGNS ON COVENANTS IN THE LEASE 1. The lessee is liable to the lessor on his covenants, real and personal, although he may have assigned his lease. The assignee of the lease is liable to the lessor on the covenants running with the land, so long as he does not assign his lease over. (b) Thomas v. Hayward, L. R. 4 Ex. 311. M § But should he assign his lease to another his liability on the covenants ceases, and attaches on his assignee. 3. The assignor and the assignee of the lease are liable to each other on any covenants they may have entered into with each other. 4. If the lessee makes an underlease of the premises, there is no "privity of estate " between the original assignor and the under-lessee; and the under-lessee is not liable to the original lessor in any shape or way; but he is, of course, liable to his immediate lessor (the original lessee) on any covenants he may have made with him. 5. An underlease of the whole of the lessee's term is in effect an assignment of the term; but there being no privity of estate between the original lessor and the under-lessee, the latter is nevertheless not liable to the original lessor on any covenants in the original lease. (a) [NOTE 1. Express promises by the lessor are usually of a very limited character, as it is usual for the landlord to cast all the burthen of repairing, insuring, ratepaying, &c., on the tenant. 2. Express promises by the lessee may be made, of course, according to the fancy of the parties, but those commonly inserted in leases (according to the nature of the premises demised) are— (i) A covenant to insure. (ii) A covenant not to assign without leave. (iii) A covenant not to carry on any noxious trade on the premises, or not to use the premises for some particular purpose, as for the sale of spirituous liquors or beer. § COVENANTS TO REPAIR vary in severity according to their terms. For example V. (a.) A covenant to keep in repair during the term, means that the premises must be put into repair and kept so, at all times during the term. (3) A general covenant to repair, means that the premises are to be kept in substantial repair. (y) A covenant to put premises "into habitable repair," means that they are to be put into a better state than they were when the tenant found them, and a state reasonably fit for the class of persons who are likely to inhabit them. (8.) Under a covenant "to repair and keep in repair," if there is no exception as to damage by fire, the tenant is bound to rebuild the premises if they are burnt down, and is bound to pay rent all the time, notwithstanding that the premises are uninhabitable. (ε.) In the determining of the sufficiency of repair, done under a covenant to repair, the jury are to take into consideration 1. The age and character of the building. 2. Its state at the commencement of the lease. 3. The length of the lease. 4. The character of the locality, and the class of inhabitants of the adjacent premises.(b) [For what would be good repair for St. Giles would not be good repair for Belgravia.] Munyard, 1 M. & Roh. 336; Proudfoot v. Hart, 25 Q. B. D. (b) Guttridge 42 (C. A.). (vii) Special covenants to repair; as, to paint the outside wood and ironwork once in three years, and the inside every seven, to re-paper, re-colour, &c. (viii) To surrender the premises at the end of the term in good repair. (ix) Provisoes for re-entry on non-payment of rent, (x) To repair after notice to repair has been given. II. IMPLIED OBLIGATIONS. 1. THOSE OF THE LESSOR. (i) That he will give the tenant possession. (ii) That he has a good title. (iii) That the tenant shall not be disturbed in his enjoyment of the premises. (iv) That if the premises consist of a furnished house, they are reasonably fit for the purpose for which they are let. Illustration. Smith let a furnished house at Brighton to Sir John Marrable for six weeks at eight guineas per week. On entering it was found that all the beds but one were so infested with bugs that the family quitted at once, and tendered one week's rent. The Court held that when a man lets a ready furnished house there is an implied condition that it is habitable. (a) (v) That the tenant of lands may remove and dispose of the annual produce of the soil or "emblements," which he has sown during his tenancy, and which has not come to maturity at the end of his tenancy. (vi) That, in the absence of express conditions to the contrary, (a) Smith v. Marrable, 11 M. & W. 5; and see Wilson v. Finch Hatton, 2 Ex. D. 336. the "custom of the country" shall be engrafted upon [NOTE. But there is no implied promise by the lessor, (8) That the house will last till the end of the term. (8.) To rebuild if the house is destroyed.(d)] 2. THOSE OF THE LESSEE. (i) That he will use a house in tenantable, and land in a husbandlike manner. (ii) Not to commit waste, either commissive or permissive. (iii) To give up the premises at the end of the term.(e) (v) To cultivate land according to the custom of the country. (vi) A tenant is estopped from alleging that his landlord had no title at the time of the demise. But he may show that such title has expired.(ƒ) OF THE DETERMINATION OF THE TENANCY, 1. BY NOTICE TO QUIT. This is necessary only where the length of the term is not definitely fixed, as in the case of a tenancy from year to year. § The notice may be— 1. An agreed notice. 2. The customary notice. (b) Hart v. Windsor, 12 M. & W. 68. |