PROPERTY LAW ACT 1974 - SCHEDULE 3
PROPERTY LAW ACT 1974 - SCHEDULE 3
SCHEDULE 3 – Short forms of covenants in leases
Direction as to the forms in this schedule
1 Parties who use any of the forms in column 1 may substitute for the words ‘lessee’ or ‘lessor’, any name or names, and in every such case corresponding substitutions shall be taken to be made in the corresponding forms in column 2.
2 Such parties may substitute 1 gender for another, or the plural number for the singular, in the forms in column 1, and corresponding changes shall be taken to be made in the corresponding forms in column 2.
3 Such parties may fill up the blank spaces left in the forms in column 1 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 column 1 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 column 2.
5 The covenants in column 2 shall be taken to be made with or by and apply to the lessor or lessee, as the case may be.
Leases
| Column 1 | Column 2 | |
| 1 That the lessee covenants with the lessor to pay rent. | 1 And the lessee covenants with and promises to the lessor that the lessee, will, during the term, pay to the lessor, the rent reserved, in manner mentioned previously, without any deduction of any kind, other than any deduction which the lessee is by an Act entitled to make. | |
| 2 Provided that in the event of 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 of the demised premises, shall at any time during the continuance of the lease be destroyed or damaged by fire without fault on the part of the lessee, flood, lightning, storm, or tempest, 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 reserved, or a proportionate part of the rent, 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 of the rent shall be suspended until the demised premises shall have been rebuilt or made fit for the occupation and use of the lessee. | |
| 3 And to pay taxes, except for local improvements. | 3 And also that the lessee will pay all taxes, rates and assessments of any kind, 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 of the demised premises, except taxes for local improvements or works assessed upon the property benefited by them. | |
| 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, 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 leased premises at the commencement of the lease and excepting reasonable wear and tear, 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 to the lessor;in good and substantial repair the leased premises, including all appurtenances, buildings, erections and fixtures belonging to the leased premises, or at any time within the term lawfully made or erected by the lessor upon or within the leased premises. | |
| 5 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. | 5 That the lessor, may, by himself or herself or the lessor’s agents, during the term at a reasonable time of the day upon giving to the lessee 2 days previous notice, enter upon the demised premises and view the state of repair of the demised premises, and may serve upon the lessee or leave at the lessee’s last or usual place of abode in the State, or upon the demised premises, a notice in writing of any defect, requiring the lessee, 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 so doing it shall be lawful for the lessor from time to time to enter and execute the required repairs. | |
| 6 And that the lessor may enter and carry out requirements of public authorities, and repair under the lease. | 6 That the lessor may, by himself or
herself or the lessor’s agents, at all reasonable times during the term,
with workers and others, and all necessary materials and appliances, enter
upon the demised premises, or any part of the demised premises, for the
purpose of complying with the terms of any present or future legislation
affecting the premises, and of any notices served upon the lessor or lessee by
licensing, local, municipal, or other competent authority, involving the
destruction of noxious weeds or 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. However, such 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. | |
| 7 And to insure from fire in the joint names of the lessor and the lessee. | 7 And also that the lessee will immediately insure the demised premises to the full insurable value of the demised premises 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 of the demised premises as shall be destroyed or damaged by fire. | |
| 8 And to paint outside every (___) year. | 8 And also that the lessee will, in every (___) year during the continuance of the lease, paint all the outside woodwork and ironwork belonging to the demised premises now or usually painted with 2 coats of proper paint, in a well executed manner. | |
| 9 And to paint and paper inside every (___) year. | 9 And also that the lessee will, in every (___) year, paint the inside wood, iron and other works now or usually painted, with 2 coats of proper paint, in a well executed 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. | |
| 10 And to fence. | 10 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. | |
| 11 And to keep up fences. | 11 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 of the demised premises that may require to be new-made in a good and careful manner and at proper seasons of the year. | |
| 12 And to cultivate. | 12 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 careful manner, and will not impoverish or waste the same. | |
| 13 That the lessee will not cut timber. | 13 That 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. | |
| 14 That the lessee will not without consent use premises otherwise than as a private dwelling house. | 14 And also that the lessee or any subtenant will not convert, use, or occupy the demised premises or any part of the demised premises into or as a shop, warehouse, or other place for carrying on any trade or business of any kind, or suffer the premises to be used for any such purpose or otherwise than as a private dwelling house, without the consent in writing of the lessor. | |
| 15 And will not assign or sublet without leave; no fine to be taken. | 15 And
also that the lessee or any subtenant 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 of the demised
premises, to be assigned, transferred, demised, sublet to 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 license or consent. | |
| 16 That the lessee will not carry on any offensive trade. | 16 That the lessee or any subtenant 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 of the demised premises, any noxious, noisome, or offensive art, trade, business, occupation, or calling, and no act, matter, or thing of any kind shall, at any time during the continuance of the lease, be done in or upon the premises or any part of the demised premises which shall or may be or grow to the annoyance, nuisance, grievance, damage, or disturbance of the occupiers or owners of any neighbouring premises. | |
| 17 That the lessee will carry on the business of a licensee within the meaning of the Liquor Act 1992 and conduct the same in an orderly manner. | 17 And also that the lessee, or the subtenant 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 licensee within the meaning of the Liquor Act 1992 , 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 of any kind by which or by means of which any licence shall or may be forfeited or become void or liable to be taken away, suppressed, or suspended in any manner at all, and will comply in all respects with the requirements of the Liquor Act 1992 . | |
| 18 And will apply for renewal of licence. | 18 And also that the lessee, or the subtenant 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 person’s own expense all such licences as are or may be necessary for carrying on the trade or business of a licensee within the meaning of the Liquor Act 1992 in and upon the demised premises, and keeping the buildings open as and for a hotel. | |
| 19 And will facilitate the transfer of licence. | 19 And also that the lessee, or the subtenant 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 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. | |
| 20 The (lessor) covenants with the (lessee) for quiet enjoyment. | 20 And the lessor covenants with the lessee that the lessee paying the rent reserved, and performing the covenants on the lessee’s part contained, shall and may peaceably possess and enjoy the demised premises for the term granted, without any interruption or disturbance from the lessor or any other person or persons lawfully claiming by, from or under the lessor. | |
| 21 And that the lessee may remove the lessee’s fixtures. | 21 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 bought upon the demised premises by the lessee, but the lessee shall in such removal do no damage to the demised premises, or shall immediately make good any damage which the lessee may occasion to them. |