Intresse termini.

Bargain and sale.

Lease for rears by estoppel.

Exception, where the lessor has any interest.

(b) Ante, p. 177.

(c) Co. Litt. 47 b; Bac. Abr. tit. Leases and Terms for Years (O); 2 Prest. Abst. 211; Webb v. Austin, 7 Man. & Gran. 701.

(d) Co. Litt. 47 b; Hill v. Saunders, 4 Barn. & Cress. 529; Doe d. Strode v. Sea ton, 2 Cro. Mee. & Rose. 728, 730.

The first kind of leases for years to which we have adverted, namely, those taken for the purpose of occupation, are usually made subject to the payment of a yearly rent (f), and to the observance and performance of certain covenants, amongst which a covenant to pay the rent is always included. The rent and covenants are thus constantly binding on the lessee, during the whole continuance of the term, notwithstanding any assignment which he may make. On assigning leasehold premises, the assignee is therefore bound to enter into a covenant with the assignor, to indemnify him against the payment of the rent reserved, and the observance and performance of the covenants contained in the lease (g). The assignee, as such, is liable to the landlord for the rent which may be unpaid, and for the covenants which may be broken during the time that the term remains vested in him, although he may never enter into actual possession (h), provided that such covenants relate to the premises let; and a covenant to do any act upon the premises, as to build a wall, is binding on the assignee, if the lessee has covenanted for himself and his assigns to do the act (i). But a covenant to do any act upon premises not comprised in the lease cannot be made to bind the assignee (k). Covenants which are binding on the assignee are said to run with the land, the burthen of such covenants passing with the land to every one to whom the term is from time to time assigned. But when the assignee assigns to another, his liability ceases as to any future breach (l). In the same manner the benefit of covenants relating to the land, entered into by the lessor, will pass to the assignee; for, though no contract has been made between the lessor and the assignee individually, yet, as the latter has become the tenant of the former, a privity of estate is said to arise between them, by virtue of which the covenants entered into, when the lease was granted, become mutually binding, and may be enforced by the one against the other (m). This mutual right is also confirmed by an express clause of the statute before referred to (m), by which assignees of the reversion were enabled to take advantage of conditions of re-entry contained in leases (o). By the same statute also, the assignee of the reversion is enabled to take advantage of the covenants entered into by the lessee with the lessor, under whom such assignee claims (p), - an advantage, however, which, in some cases, he is said to have previously possessed (q).

Rent and covenants.

Covenants which run with the land.

(e) 2 Prest. Abst. 217.

(f) See ante, p. 233 et seq.

(g) Sugd. Vend. & Pur. 30, 13th ed.

(h) Williams v. Bosanquet, 1 Brod. & Bing. 238; 3.J.B. Moore, 500.

(i) Spencer's case, 5 Rep. 16 a; Hemingway v. Fernandes, 13 Sim. 228. See. Minshull v. Oakes, 2 H. & N. 793, 809.

(k) Keppel v. Bailey, 2 My & Keen, 517.

The payment of the rent, and the observance and performance of the covenants, are usually further secured by a proviso or condition for re-entry, which enables the landlord or his heirs (and the statute above mentioned (r) enables his assigns), on non-payment of the rent, or on non-observance or non-performance of the covenants, to re-enter on the premises let, and repossess them as if no lease had been made. The proviso for re-entry, so far as it relates to the non-payment of rent, has been already adverted to (s). The proviso for re-entry on breach of covenants was until recently the subject of a curious doctrine; that if an express licence were once given by the landlord for the breach of any covenant, or if the covenant were, not to do a certain act without licence, and licence were once given by the landlord to perform the act, the right of re-entry was gone for ever (t). The ground of this doctrine was, that every condition of re-entry is entire and indivisible; and, as the condition had been waived once, it could not be enforced again. So far as this reason extended to the breach of any covenant, it was certainly intelligible; but its application to a licence to perform an act, which was only prohibited when done without licence, was not very apparent (u). This rule, which was well established, was frequently the occasion of great inconvenience to tenants; for no landlord could venture to give a licence to do any act, which might be prohibited by the lease unless done with licence, for fear of losing the benefit of the proviso for re-entry, in case of any future breach of covenant. The only method to be adopted in such a case was, to create a fresh proviso for re-entry on any future breach of the covenants, a proceeding which was of course attended with expense. The term would then, for the future, have been determinable on the new events stated in the proviso; and there was no objection in point of law to such a course; for a term, unlike an estate of freehold, may be made determinable, during its continuance, on events which were not contemplated at the time of its creation (a:). 13y a recent act of parliament the inconvenient doctrine above mentioned ceased to extend to licences granted to the tenants of crown lands (y). And by a more recent statute (z) it has been provided, that every such licence shall, unless otherwise expressed, extend only to the permission actually given, or to any specific breach of any proviso or covenant made or to be made, or to the actual matter thereby specifically authorized to be done, but not so as to prevent any proceeding for any subsequent breach, unless otherwise specified in such licence. And all rights under covenants and powers of forfeiture and re-entry contained in the lease are to remain in full force, and are to be available as against any subsequent breach or other matter not specifically authorized by the licence, in the same manner as if no such licence had been given; and the condition or right of re-entry is to remain in all respects as if such licence had not been given, except in respect of the particular matter authorized to be done. Provision has also been made (a) that a licence to one of several lessees, or with respect to part only of the property let, shall not destroy the right of re-entry as to the other lessees, or as to the remainder of the property. It has been further provided (b) that where the reversion upon a lease is severed, and the rent or other reservation is legally apportioned, the assignee of each part of the reversion shall, in respect of the apportioned rent or other reservation allotted or belonging to him, have and be entitled to the benefit of all conditions or powers of re-entry for non-payment of the original rent or other reservation, in like manner as if such conditions or powers had been reserved to him as incident to his part of the reversion in respect of the apportioned rent or other reservation allotted or belonging to him. Before this enactment a grantee of part of the reversion could not take advantage of the condition; as if a lease had been made of three acres reserving a rent upon condition, and the reversion of two acres were granted, the rent might be apportioned, but the condition was destroyed, "for that it is entire and against common right" (c).