Lessee sentence example
Sporting rights will pass to the lessee unless reserved.
An alien was, at common law, incapable of being either a lessor or a lessee.
A lease under the Settled Land Act 1882 must be by deed and must be made to take effect in possession not later than 12 months after its date; the best rent that can reasonably be obtained must be reserved and the lease must contain a covenant by the lessee for payment of the rent, and a condition of re-entry on nonpayment within a specified time not exceeding 30 days.
Thus a lessee is under an implied obligation to treat the premises demised in a tenant-like or " husband-like " manner, and again, where in a lease by deed the word " demise " is used, the lessor probably covenants impliedly for his own title and for the quiet enjoyment of the premises by the lessee.
A covenant by the lessor, limited to his own acts and those of persons claiming under or through him, for the "quiet enjoyment" by the lessee of the demised premises, and covenants by the lessee to pay rent, to pay taxes, except such as fall upon the landlord, to keep the premises in repair, and to allow the landlord to enter and view the condition of the premises may be taken as typical instances of " usual " covenants.Advertisement
Covenants by the lessee to build and repair, not to assign or underlet without license, or to insure, or not to carry on a particular trade on the premises leased, have been held not to be " usual."
As instances of " collateral " covenants, we may take a covenant by a lessor to give the lessee a right of pre-emption over a piece of land adjoining the subject of the demise, or in the case of a lease of a beer-shop, not to keep any similar shop within a prescribed distance from the premises demised, or a covenant by a lessee to pay rates on premises not demised.
A covenant not to assign without the lessor's assent runs with the land and applies to a re-assignment to the original lessee.
In addition a lease frequently contains covenants for renewal of the lease at the option of the lessee, and for repairs or insurance against damage by fire by the lessee.
Leases frequently contain a covenant by the lessee to bear and pay rates, taxes, assessments and other " impositions " or " charges," or " duties " or " outgoings," or " burdens " (except property tax) imposed upon the demised premises during the term.Advertisement
The decisions on the point are numerous and difficult to reconcile, but the main test is whether, on the true construction of the particular covenant, the lessee has undertaken to indemnify the landlord against payments of all kinds.
It may be added that, if a lessee covenants to pay rates and taxes, no demand by the collector apparently is necessary to constitute a breach of the covenant; where a rate is duly made and published it is the duty of the parties assessed to seek out the collector and pay it.
It may be noted here that at common law no lease for years is complete till actual entry has been made by the lessee.
Under these acts a right of reentry or forfeiture is not to be enforceable unless and until the lessor has served on the lessee a written notice specifying the breach of covenant or condition complained of, and requiring him to remedy it or make compensation, and this demand has not within a reasonable time been complied with; and when a lessor is proceeding to enforce such a right the court may, if it think fit, grant relief to the lessee.
Such a lease for more than a year is not effectual even for a year, except where the lessee has taken possession.Advertisement
Forfeiture only renders a lease void as regards the lessee; it may be waived by the lessor, and acceptance by the landlord of rent due after forfeiture, with notice of such forfeiture.
If at least half of the harvest in any year is destroyed by accident, the lessee (a) in the case of a lease for several years, obtains, at the end of his lease, a refund of rent, by way of indemnity, unless he has been indemnified by preceding harvests; (b) in the case of a lease for a year only, may secure a proportional abatement of the current rent.
No refund is payable if the produce was severed before the accident, unless the lessor was entitled to a portion of it, when he must bear his share of the loss, provided the lessee was not in morel as regards the delivery of the lessor's portion.
The 1232 convicts " on hand" at the close of 1908 were held in 38 camps, 4 being the minimum, and 160 the maximum number, at a camp. In 1908 two central hospitals for the prisoners were maintained by the lessee company.
He had accepted an engagement there as conductor; but, the lessee becoming bankrupt, the scheme was abandoned in favour of a better appointment at Riga.Advertisement
The act also declares the validit y of leases made by a simoniac or simoniacallypresented person, if bona fide and for valuable consideration to a lessee ignorant of the simony.
The miners are all Kachins, and the right to collect the jade duty of 331 is farmed out by government to a lessee, who has hitherto always been a Chinaman.
Lead is extracted by a Chinese lessee from the mines at Bawzaing (Maw-son) in the Myelat, southern Shan States.
Legally its characteristic feature was that the lessee had no right of any kind against the grantor.
The necessity of finding Protestants checked subdivision for a time, but in 1793 the Roman Catholics received the franchise, and it became usual to make leases in common, so that each lessee should have a freehold interest of 40s.Advertisement
The first lessee was John Knott, who built a house adjoining the Choir.
The lessee has to payoff the contract amount through weekly installments.
A legal letter is chargeable to lessee in default & debited to their rent ledger.
Hire purchase agreements allow the lessee to claim capital allowances.
If there is still money left that will be given to the defaulting lessee as cash.Advertisement
If the lessee is to be responsible, the trustees must ensure that adequate insurance is held by the lessee.
This scheme does not apply where the new lease is granted to the original lessee otherwise than under a right in the original lease.
Rent £ 16,900 per annum History The present lessee acquired the premises 2 1/2 years ago.
George married Sarah Ody, widow of James a former lessee.
Network Rail currently owns the freehold of the site, with English, Welsh & Scottish Railways as the head lessee.Advertisement
Previously, the Inland Revenue had taken the view that the tests were applied to the end lessee only.
The only realistic value is the rent, what a willing lessee will pay a willing lessor for a perpetually renewable annual lease.
The lessor would report financial assets (representing amounts receivable from the lessee) and residual interests as separate assets.
Whether a particular instrument is a lease, or an agreement for a lease, or a bare licence, is a question the answer to which depends to a large extent on the circumstances of individual cases; and the only general rule is that in a lease there must be an expression of intention on the part of the lessor to convey, and of the lessee to accept, the exclusive possession of the thing let for the prescribed term and on the prescribed conditions.
Sporting rights will pass to the lessee unless reserved (see Game Laws).Advertisement
An assignment which creates the relationship of landlord and tenant between the lessor or lessee and the assignee, must be by deed, but the acceptance by a landlord of rent from a tenant under an invalid assignment may create an implied tenancy from year to year; and similarly payment of rent by a tenant may amount to an acknowledgment of his landlord's title.
We must distinguish from the later slavery at Rome what Mommsen calls " the old, in some measure innocent slavery, under which the farmer tilled the land along with his slave, or, if he possessed more land than he could manage, placed the slave - either as a steward, or as a sort of lessee obliged to render up a portion of the produce - over a detached farm.
While these negotiations were going on, various German companies had set to work to exploit the country, and on the 16th of August 1888 the German East African Company, the lessee of the Zanzibar mainland strip, took over the administration from the Arabs.
The lessee, or farmer, tills the soil at his own risk; usually he provides live stock, implements and capital, and has no right to compensation for ordinary improvements, nor for extraordinary improvements effected without the landlords consent.
Under the gabella lease the contract lasts twenty-nine years, the lessee being obliged to make improvements, but being sometimes exempted from rent during the first years.Advertisement
In case of partial destruction, the lessee may, according to circumstances, demand either a diminution of the price, or the cancellation of the lease.