Section Sch4 — Land Transfer Act 1952: Covenants implied in instruments

Schedule 4 Covenants implied in instruments Section 155 The words will insure imply that the covenantor will insure, in the joint names of the covenantor and covenantee, and, so long as the term expressed in the instrument has not expired, will keep insured in those joint names in some public insurance office, to be approved by the covenantee, against loss or damage by fire to the full amount specified in the instrument, or, if no amount is specified, then to their full insurable value, all buildings, tenements, or premises erected on the land and of a nature or kind capable of being insured against loss or damage by fire; and that the covenantor will, at the request of the covenantee, hand over to and deposit with him the policy of every such insurance, and produce to him the receipt or receipts for the annual or other premiums payable on account thereof; and also that all moneys to be received under or by virtue of any such insurance shall, in the event of loss or damage by fire, be laid out and expended in making good the loss or damage: Provided also that if default is made in the observance or performance of the last-mentioned covenant, it shall be lawful for the covenantee, without prejudice nevertheless to, and concurrently with, the powers granted him by the instrument or by this Act provided, to insure those buildings, tenements, and premises, and the costs and charges of that insurance shall, until the covenantor's liability under the instrument is discharged, be a charge upon the said land. The words paint outside every alternate year imply that the covenantor will in every alternate year during the continuance of the term mentioned in the instrument paint all the outside woodwork and ironwork belonging to the hereditaments and premises mentioned in the instrument with 2 coats of proper oil colours in a workmanlike manner. The words paint and paper inside every third year imply that the covenantor will in every third year during the continuance of the term mentioned in the instrument paint the inside wood, iron, and other works then or usually painted, with 2 coats of proper oil colours in a workmanlike manner, and also repaper with paper of equal quality such parts of the premises as are then papered, and also wash, stop, whiten, or colour such parts of the premises as are then whitened or coloured respectively. The words will fence imply that the covenantor will, during the continuance of the term mentioned in the instrument, erect and put up on the boundaries of the land therein mentioned, or upon the boundaries upon which no substantial fence then exists, a good and substantial fence. The word cultivate implies that the covenantor will at all times during the continuance of the term mentioned in the instrument cultivate, use, and manage, in a proper and husbandlike manner, all such parts of the land therein mentioned as are or shall be broken up or converted into tillage, and will not impoverish or waste the same. The words That the lessee will not use the said premises as a shop imply that the covenantor will not convert, use, or occupy the hereditaments and premises mentioned in the instrument, 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 hereditaments and premises, or any part thereof, to be used for any such purpose, or otherwise than as a private dwellinghouse, without the consent in writing of the covenantee. The words will not carry on offensive trades imply that no noxious noisome, or offensive art, trade, business, or occupation or calling shall at any time during the said term be used, exercised, carried on, permitted, or suffered by the covenantor in or upon the hereditaments and premises mentioned in the instrument, and that no act, matter, or thing whatsoever shall at any time during the said term be done in or upon the said hereditaments and 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. The words will not without leave assign or sublet imply, subject always to Part 4 of the Property Law Act 2007, that the covenantor will not, during the continuance of the term mentioned in the instrument, assign, transfer, demise, sublet, or set over, or otherwise by any act or deed procure the lands or premises therein mentioned, or any of them, or any part thereof, to be assigned, transferred, demised, sublet, or set over unto any person whomsoever without the consent in writing of the covenantee first had and obtained. The words will not cut timber imply that the covenantor will not cut down, fell, injure, or destroy any growing or living timber or timberlike trees standing and being upon the hereditaments and premises mentioned in the instrument, without the consent in writing of the covenantee. The words will carry on the business of a publican and conduct the same in an orderly manner imply that the covenantor will at all times during the continuance of the term mentioned in the instrument use, exercise, and carry on in and upon the premises therein mentioned the trade or business of a licensed victualler or publican and retailer of spirits, wines, ale, beer, and porter, and keep open and use the messuage, tenement, or inn and buildings standing and being upon the land mentioned in the instrument as and for an inn or publichouse for the reception, accommodation, or entertainment of travellers, guests, and other persons resorting thereto or frequenting the same, and manage and conduct that 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. The words will apply for renewal of licence imply that the covenantor will from time to time during the continuance of the term mentioned in the instrument, 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 trade or business of a licensed victualler or publican in and upon the hereditaments and premises mentioned in the instrument, and keeping the therein-mentioned messuage, tenement, or inn open as and for an inn or public house. The words will facilitate the transfer of licence imply that the covenantor will, at the expiration or other sooner determination of the term mentioned in the instrument, 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 therein-mentioned messuage, tenement, or inn, to be thereto affixed, and remain so affixed during such time or times as are necessary or expedient in that behalf; and generally will do and perform all such further acts, matters, and things as are necessary to enable the covenantee or any other 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. Schedule 4 will not without leave assign or sublet : amended, on 1 January 2008, by section 364(1) of the Property Law Act 2007 (2007 No 91).