CONVEYANCING ACT 1919 - SCHEDULE 4
CONVEYANCING ACT 1919 - SCHEDULE 4
SCHEDULE 4 – Short forms of covenants in mortgages and leases
(Sections 81 and 86)
Direction as to the forms in this Schedule
1
Parties who use any of the forms in the first column in this Schedule may substitute for the words "lessee" or "lessor," "mortgagee," or "mortgagor," any name or names, and in every such case corresponding substitutions shall be taken to be made in the corresponding forms in the second column.
2
Such parties may substitute the feminine gender for the masculine, or the plural number for the singular, in the forms in the first column of this Schedule, and corresponding changes shall be taken to be made in the corresponding forms in the second column.
3
Such parties may fill up the blank spaces left in the forms in the first column of this Schedule so employed by them with any words or figures and the words or figures so introduced shall be taken to be inserted in the corresponding blank spaces left in the forms embodied.
4
Such parties may introduce into or annex to any form in the first column any addition to, exception from, or qualification of the same, or may strike out or omit any words of or from such column; and a proviso which would give effect to the intention indicated by such addition, exception, qualification, striking out, or omission shall be taken to be added to the corresponding form in the second column.
5
The covenants in the second column shall be taken to be made with and apply to the lessor or lessee or mortgagor or mortgagee as the case may be, his or her executors, administrators, and assigns, unless otherwise stated.
| Column 1 | Column 2 |
| Part 1--Mortgages | |
| 1 That the mortgagor covenants with the mortgagee to keep all buildings or other improvements in repair. | 1 That the mortgagor will keep all buildings or other improvements erected and made upon the land in as good and substantial repair as the same were in at the date of the mortgage, and that the mortgagee, the mortgagee's executors, administrators, and assigns, may at all convenient times, until such mortgage is redeemed, be at liberty, with or without surveyors or others, to enter into, and upon, such land to view and inspect the state of repair of such buildings and improvements. |
| 2 And to insure in the name of the mortgagee. | 2 That the mortgagor, the mortgagor's executors, administrators, and assigns, will insure, and so long as any money shall remain secured by this mortgage, keep insured against loss or damage by fire in the name of the mortgagee, or the mortgagee's executors, administrators, or assigns, in some public insurance office to be approved of by the mortgagee or the mortgagee's executors, administrators or assigns all buildings which shall for the time being be erected on the said land, and which shall be of a nature or kind capable of being so insured to the amount either of the principal money hereby secured, or of the full value of such buildings, and will when required deposit with the mortgagee, or the mortgagee's executors, administrators, or assigns, the policy of such insurance, and within seven days after each premium shall become payable, the receipt for such premium. And that the moneys which shall be received on account of such insurance shall, at the mortgagee's or the mortgagee's executor's, administrator's or assign's option, be applied either in or towards satisfaction of the moneys secured by this mortgage, or in rebuilding or reinstating, under the superintendence of the mortgagee's or their surveyor, the buildings destroyed or damaged. And that on any breach or non-observance of this covenant the mortgagee or the mortgagee's executors, administrators or assigns shall be at liberty to effect such insurance and continue the same for such period as may be deemed fit, and the costs and expenses paid on account thereof shall be a charge upon the said land and bear interest at the same rate as if principal money overdue. |
| Part 2--Leases | |
| 1 That the lessee covenants with the lessor to pay rent. | 1 And the said lessee doth hereby for himself or herself and for his or her heirs, executors, administrators, and assigns, covenant with the said lessor that the lessee, the lessee's executors, administrators or assigns, will, during the said term, pay unto the said lessor, the lessor's executors, administrators, or assigns the rent hereby reserved, in manner hereinbefore mentioned, without any deduction whatsoever, other than any deduction which the lessee is by any Act of Parliament entitled to make. |
| 2 Provided that in the event of war damage or damage by fire, lightning, flood, or tempest, rent shall abate until the premises are restored. | 2 Provided that in case the demised premises, or any part thereof, shall at any time during the continuance of the lease be destroyed or damaged by fire, flood, lightning, storm, or tempest, or shall suffer war damage so, in any such event as to render the same unfit for the occupation and use of the lessee, then, and so often as the same shall happen, the rent hereby reserved, or a proportionate part thereof, according to the nature and extent of the damage sustained shall abate, and all or any remedies for recovery of the rent or such proportionate part thereof shall be suspended until the demised premises shall have been rebuilt or made fit for the occupation and use of the lessee, and in case of difference under this proviso the same shall be referred to arbitration under the provisions of the Commercial Arbitration Act 2010 . |
| 3 And to pay taxes, except for local improvements. | 3 And also that the lessee will pay all taxes, rates, and assessments whatsoever, whether municipal, local government, parliamentary, or otherwise which are at any time during the term charged upon the demised premises, or upon the lessor, on account thereof, except taxes for local improvements or works assessed upon the property benefited thereby. |
| 4 And to maintain and leave the premises in good repair (having regard to their condition at the commencement of the lease), reasonable wear and tear, war damage, and damage by fire, lightning, flood and tempest excepted. | 4 And also that the lessee will during the term, when, where, and so often as the need shall be, but having regard to the condition of the demised premises at the commencement of the lease and excepting reasonable wear and tear, war damage, and damage by fire, lightning, flood and tempest, occurring within the term--(a) well and sufficiently maintain, amend, and keep, and(b) at the expiration or sooner determination of the term peaceably surrender and yield up unto the lessor,in good and substantial repair the demised premises, including all appurtenances, buildings, erections and fixtures belonging to the demised premises, or at any time within the term lawfully made or erected by the lessor upon or within the demised premises. |
| 6 And that the lessor may enter and view state of repair, and that the lessee will repair according to notice in writing, and that in default the lessor may repair. | 6 That the lessor, the lessor's executors, administrators and assigns, or an agent of the lessor or of the lessor's executors, administrators or assigns, may, twice in every year during the term at a reasonable time of the day upon giving to the lessee two days previous notice, enter upon the demised premises and view the state of repair thereof, and may serve upon the lessee, the lessee's executors, administrators, or assigns, or the last or usual place of abode in New South Wales of the lessee or the lessee's executors, administrators, or assigns, or upon the demised premises, a notice in writing of any defect, requiring the lessee or the lessee's executors, administrators or assigns, within a reasonable time, to repair same in accordance with any covenant expressed or implied in the lease, and that in default of the lessee's or the lessee's executors, administrators or assigns' so doing it shall be lawful for the lessor, the lessor's executors, administrators, or assigns from time to time to enter and execute the required repairs. |
| 7 And that the lessor may enter and carry out requirements of public authorities, and repair under the lease. | 7 That the lessor, the lessor's executors, administrators and assigns, or an agent of the lessor or of the lessor's executors, administrators or assigns, may, at all reasonable times during the term, with workmen and others, and all necessary materials and appliances, enter upon the demised premises, or any part thereof, for the purpose of complying with the terms of any present or future legislation affecting the said premises, and of any notices served upon the lessor or lessee by the Secretary of the Department of Health, licensing, municipal, or other competent authority, involving the control of weeds on land or the destruction of animals, or the carrying out of any repairs, alterations, or works of a structural character, which the lessee may not be bound, or if bound may neglect to do, and also for the purpose of exercising the powers and authorities of the lessor under the lease; provided that such control, destruction, repairs, alterations, and works shall be carried out by the lessor without undue interference with the occupation and use of the demised premises by the lessee. |
| 8 And to insure from fire in the joint names of the lessor and the lessee. | 8 And also that the lessee will forthwith insure the demised premises to the full insurance value thereof in some insurance office approved by the lessor in the joint names of the lessor and the lessee, and keep the same so insured during the continuance of the lease, and will upon the request of the lessor show to the lessor the receipt for the last premium paid for such insurance, and as often as the demised premises shall be destroyed or damaged by fire all and every the sum or sums of money which shall be recovered or received for or in respect of such insurance, shall be laid out and expended in building or repairing the demised premises or such parts thereof as shall be destroyed or damaged by fire as aforesaid. |
| 9 And to paint outside every [[#93] year. | 9 And also that the lessee will, in everyyear during the continuance of the lease, paint all the outside woodwork and ironwork belonging to the demised premises now or usually painted with two coats of proper oil colours, in a skillful manner. |
| 10 And to paint and paper inside every [[#93] year. | 10 And also that the lessee will, in everyyear, paint the inside wood, iron and other works now or usually painted, with two coats of proper oil colours, in a workmanlike manner, and also will 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 demised premises as are now plastered. |
| 11 And to fence. | 11 And also that the lessee will, during the continuance of the lease, erect and put up on the boundaries of the demised land or upon such boundaries upon which no substantial fence now exists a good and substantial fence. |
| 12 And to keep up fences. | 12 And also will, from time to time, during the continuance of the lease, keep up the fences and walls of or belonging to the demised premises, and make anew any parts thereof that may require to be new-made in a good and husband-like manner and at proper seasons of the year. |
| 13 And to cultivate. | 13 And also that the lessee will at all times during the continuance of the lease cultivate, use, and manage all such parts of the land as are or shall be broken up or converted into tillage in a proper and husband-like manner, and will not impoverish or waste the same. |
| 14 That the lessee will not cut timber. | 14 And also that the lessee will not cut down, fell, injure, or destroy any growing or living timber or timber-like trees standing and being upon the demised land, without the consent in writing of the lessor. |
| 15 That the lessee will not without consent use premises otherwise than as a private dwelling-house. | 15 And also that the lessee or any sub-tenant will not convert, use, or occupy the demised premises or any part thereof into or as a shop, warehouse, or other place for carrying on any trade or business whatsoever, or suffer the said premises to be used for any such purpose or otherwise than as a private dwelling-house, without the consent in writing of the lessor. |
| 16 And will not assign or sublet without leave; no fine to be taken. | 16 And also that the lessee or any sub-tenant will not, during the continuance of the lease, assign, transfer, demise, sublet, or part with the possession or by any act or deed, procure the demised premises, or any part thereof, to be assigned, transferred, demised, sublet unto or put into the possession of any person or persons, without the consent in writing of the lessor, but such consent shall not be refused in the case of a proposed respectable and responsible assign, tenant or occupier: Provided further, that no fine or sum of money in the nature of a fine shall be payable for or in respect of such licence or consent, but this proviso shall not preclude the right of the lessor to require the payment of a reasonable sum in respect of any legal or other expenses incurred in relation to such licence or consent. |
| 17 That the lessee will not carry on any offensive trade. | 17 That the lessee or any sub-tenant will not at any time during the continuance of the lease use, exercise, or carry on, or permit or suffer to be used, exercised, or carried on in or upon the demised premises or any part thereof, any noxious, noisome, or offensive art, trade, business, occupation, or calling, and no act, matter, or thing whatsoever shall, at any time during the continuance of the lease, be done in or 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 any neighbouring premises. |
| 18 That the lessee will carry on the business of a hotelkeeper and conduct the same in an orderly manner. | 18 And also that the lessee, or the sub-tenant for the time being, will at all times during the continuance of the lease, use, exercise, and carry on, in and upon the demised premises, the trade or business of a licensed victualler or hotelkeeper, and keep open and use the buildings upon the demised land as and for a hotel, and manage and conduct such trade or business in a quiet and orderly manner, and will not do, 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 will comply in all respects with the requirements of the Liquor Acts for the time being in force. |
| 19 And will apply for renewal of licence. | 19 And also that the lessee, or the sub-tenant for the time being, will from time to time, during the continuance of the lease at the proper times for that purpose, apply for and endeavour to obtain at the lessee's or sub-tenant's own expense all such licences as are or may be necessary for carrying the said trade or business of a licensed victualler or hotelkeeper in and upon the demised premises, and keeping the buildings open as and for a hotel. |
| 20 And will facilitate the transfer of licence. | 20 And also that the lessee, or the sub-tenant for the time being, will at the expiration or other sooner determination of the lease sign and give such notice or notices, and allow such notice or notices of a renewal or transfer of any licence as may be required by law to be affixed to the demised premises, to be thereto affixed and remain so affixed during such time or times as shall be necessary or expedient in that behalf, and generally to do and perform all such further acts, matters, and things as shall be necessary to enable the lessor, or any person authorised by the lessor, to obtain the renewal of any licence or any new licence, or the transfer of any licence then existing and in force. |
| 21 The said (lessor) covenants with the said (lessee) for quiet enjoyment. | 21 And the lessor doth hereby covenant with the lessee that he or she paying the rent hereby reserved, and performing the covenants hereinbefore on his or her part contained, shall and may peaceably possess and enjoy the demised premises for the term hereby granted, without any interruption or disturbance from the lessor or any other person or persons lawfully claiming by, from, or under him or her. |
| 22 And that the lessee may remove the lessee's fixtures. | 22 And also that the lessee may at or prior to the expiration of the lease take, remove, and carry away from the demised premises all fixtures, fittings, plant, machinery, utensils, shelving, counters, safes, or other articles upon the demised premises in the nature of trade or tenants' fixtures brought upon the demised premises by the lessee, but the lessee shall in such removal do no damage to the demised premises, or shall forthwith make good any damage which the lessee may occasion thereto. |