121Abbreviated forms of words for covenants in leases

121 Abbreviated forms of words for covenants in leases Such of the covenants set forth in this section as are expressed in any memorandum of lease as to be implied shall, if expressed in the form of words in this section appointed and prescribed for the case of each such covenant respectively, be so implied as fully and effectually as if those covenants were set forth fully and in words at length in the instrument: (a) the words ‘will insure’ shall imply as follows: will insure, and, so long as the term expressed in the lease has not expired, will keep insured, in the name of the lessor, in some public insurance office, to be approved by the lessor, against loss or damage by fire, to the full amounts specified in the lease, or, if no amount be specified, then to their full value, all buildings, tenements or premises erected on the land which are of a nature or kind capable of being insured against loss or damage by fire, and that the lessee will at the request of the lessor hand over to and deposit with him or her the policy of every such insurance and produce to him or her the receipt and receipts for the annual or other premiums payable on account thereof, and also that all moneys to be received under or by virtue of any such insurance shall in the event of loss or damage by fire be laid out and expended in making good the loss or damage: Provided that if default is made in the observance or performance of the covenant last abovementioned, the lessor may without prejudice to and concurrently with the powers granted him or her by his or her memorandum of lease or by this Act provided, insure the building; and the costs and charges of the insurance shall, until the lease expires, be a charge upon the land recoverable in like manner as rent in arrear; (b) the words ‘will paint outside every alternate year’ shall imply as follows: will in every alternate year during the currency of the lease, paint all the outside woodwork and ironwork belonging to the hereditaments and premises mentioned in the lease with 2 coats of proper oil colours in a workmanlike manner; (c) the words ‘will paint and paper inside every third year’ shall imply as follows: will in every third year during the currency of the lease 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 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 premises as are now washed, stopped, whitened or coloured respectively; (d) the words ‘will fence’ shall imply as follows: will, during the continuance of the lease, erect and put up on the boundaries of the land therein mentioned, or upon such boundaries upon which no substantial fence now exists, a good and substantial fence; (e) the words ‘will cultivate’ shall imply as follows: will, at all times during the lease, cultivate, use and manage all such parts of the land therein mentioned as are or shall be broken up or converted into tillage in a proper and husbandmanlike manner, and will not impoverish or waste the land; (f) the words ‘that the lessee will not use the premises as a shop’ shall imply as follows: that the lessee will not convert, use or occupy the hereditaments and premises mentioned in the lease or any part thereof into or as a shop, warehouse or other place for carrying on any trade or business whatsoever, or permit or suffer the hereditaments and premises or any part thereof to be used for any such purpose or otherwise than as a private dwelling house without the consent in writing of the lessor; (g) the words ‘that he or she will not carry on offensive trades’ shall imply as follows: that no noxious noisome or offensive art, trade, business, occupation or calling shall, at any time during the term of the lease, be used, exercised, carried on, permitted or suffered in or upon the hereditaments and premises abovementioned, and that no act, matter or thing whatsoever shall, at any time during the term of the lease, be done in or upon the hereditaments and premises or any part thereof which shall or may be or grow to the annoyance, nuisance, grievance, damage or disturbance of the occupiers or owners of the adjoining lands and hereditaments; (h) the words ‘will not without leave assign or sublet’ shall imply as follows: will not, during the term of the lease, assign, transfer, demise, sublet or set over, or otherwise by any act or deed procure the lands or premises therein mentioned or any of them or any part thereof to be assigned, transferred, demised, sublet or set over unto any person whomsoever without the consent in writing of the lessor first had and obtained; (i) the words ‘will not cut timber’ shall imply as follows: will not cut down, fell, injure or destroy any growing or living timber or timberlike trees standing and being upon the hereditaments and premises abovementioned without the consent in writing of the lessor.