Sch 16Short forms of covenants and their interpretation

Schedule 16—Short forms of covenants and their interpretation Short form. Covenant at length. 1. The mortgagor or encumbrancer will insure: The mortgagor or encumbrancer will insure, and during the continuance of this mortgage keep insured, against loss or damage by fire, in the name of the mortgagee or encumbrancee, in some public insurance office to be approved by the mortgagee or encumbrancee, to the amount of their full value, all buildings and erections which shall for the time being be erected on the mortgaged land, and shall be of a nature or kind capable of being so insured, and will when required by the mortgagee or encumbrancee deposit with him the policy of every such insurance, and within seven days after each premium shall become payable the receipt for such premium, and if default shall be made in the observance or performance of this covenant, it shall be lawful for the mortgagee or encumbrancee, without prejudice, nevertheless to and concurrently with the power granted him by this mortgage and by the Real Property Act 1886, so to insure such buildings and erections, and the costs of such insurance shall be a debt from the mortgagor or encumbrancer to the mortgagee or encumbrancee, and shall be added to the principal moneys hereby secured, and shall, during the continuance of this mortgage, be a charge upon the mortgaged land, and bear interest at the same rate as the said principal moneys, and all moneys which shall be received by virtue of any such insurance as aforesaid, shall, at the option of the mortgagee or encumbrancee, be laid out in making good the loss or damage in respect of which the same shall be received or be applied by the mortgagee or encumbrancee in or towards satisfaction of the moneys hereby secured. 2. The lessee will insure: The lessee will insure, and during the continuance of this lease keep insured, against loss or damage by fire, in the joint names of the lessor and the lessee, in some public insurance office to be approved by the lessor, to the amount of their full value, all buildings and erections which shall for the time being be erected on the land hereby leased, and shall be of a nature or kind capable of being so insured, and will, when required by the lessor, deposit with him the policy of every such insurance, and within seven days after each premium shall become due the receipt for such premium, and on any breach or non-observance of this covenant the lessor may, without prejudice to and concurrently with the other powers granted to him by the lease and the Real Property Act 1886, so insure such buildings and erections, and the costs of effecting such insurance shall be added to the rent hereby reserved, and shall be a charge upon the said leased land, and recoverable by action or distress in the same manner as the said rent is recoverable. All moneys which shall be received under or by virtue of any such insurance as aforesaid shall be laid out and expended in making good the loss or damage in respect of which the same shall be received. 3. The lessee will paint outside every alternate year: The lessee will, in every alternate year during the currency of this lease, paint all the outside woodwork and ironwork belonging to the premises hereby leased, with two coats of proper oil colours, in a workmanlike manner. 4. The lessee will paint and paper inside every third year: The lessee will, in every third year during the currency of this lease, paint the inside wood, iron, and other work belonging to the premises hereby leased, and now or usually painted, with two coats of proper oil colours, in a workmanlike manner, and also re-paper, with paper of the quality now used, such parts of the said premises as are now papered, and also wash, stop, whiten, or colour such parts of the said premises as are now washed, stopped, whitened, or coloured respectively. 5. The lessee will fence: The lessee will, during the continuance of this lease, erect and put up a good and substantial fence on the boundaries of the said leased land upon which no substantial fence now exists. 6. The lessee will cultivate: The lessee will, during the continuance of this lease, cultivate, use, and manage all such parts of the land hereby leased as are or shall be broken up or converted into tillage in a proper and husbandmanlike manner, and will not impoverish or waste the same. 7. The lessee will not use the premises as a shop: The lessee will not convert, use, or occupy the premises hereby leased, 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 said premises, or any part thereof, to be used for any such purposes or otherwise than as a private dwelling-house, without the consent in writing of the lessor. 8. The lessee will not carry on offensive trades: The lessee will not during the continuance of this lease use, exercise, or carry on, or permit or suffer to be used, exercised, or carried on, upon the premises hereby leased, or any part thereof, any noxious, noisome, or offensive art, trade, business, occupation, or calling, or do, permit, or suffer any act, matter, or thing whatsoever upon the said 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 of any of them. 9. The lessee will not without leave assign or sublet: The lessee will not assign, transfer, demise, sublet, or set over, or otherwise by any act or deed procure the leased land, 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. 10. The lessee will not cut timber: The lessee will not cut down, fell, injure, or destroy any growing or living timber or timber-like trees standing or being upon the leased land, without the consent in writing of the lessor. 11. The lessee will carry on the business of a publican, and conduct the same in an orderly manner; will apply for renewal for licence, and will facilitate transfer of licence: The lessee will at all times, during the continuance of this lease, use, exercise and carry on in and upon the leased premises the trade or business of a licensed victualler or publican, and retailer of spirits, wines, ales, beer, and porter, and keep open and use the messuage, tenement, or inn, and buildings upon the leased land as and for an inn, or public-house for the reception, accommodation, and entertainment of travellers, guests, and other persons resorting thereto or frequenting the same, and manage and conduct such trade or business in a quiet and orderly manner, and will not do, or commit, or permit, or suffer to be done or committed, any act, matter, or thing whatsoever whereby or by means whereof any licence shall or may be forfeited or become void or liable to be taken away, suppressed, or suspended in any manner howsoever; and also will from time to time during the continuance of this lease, at the proper times for that purpose, apply for and endeavour to obtain, at his own expense, all such licences as are or may be necessary for carrying on the said trade or business of a licensed victualler or publican in and upon the said leased premises and keeping the said messuage, tenement, or inn open as and for an inn or public-house as aforesaid; and also will at, or if necessary before, the expiration or other sooner determination of this lease, sign and give such notice or notices for renewal or transfer of any licence as may be requisite or as may be desired by the lessor, and allow such notice or notices for renewal or transfer of any licence as may be required by law to be affixed to the said messuage, tenement, or inn, to be thereto affixed and remain so affixed during such time or times as shall be necessary or expedient in that behalf, and generally will do all such further acts, matters, and things as shall be necessary to enable the lessor, or any person authorised by him, to obtain the renewal of any licence, or any new licence, or the transfer of any licence then existing and in force.