(a) The lessor is bound to disclose to the lessee
any material defect in the property, with reference to its intended
use, of which the former is and the latter is not aware, and which
the latter could not with ordinary care discover;
(b) the lessor is bound on the lessee's request
to put him in possession of the property
(c) the lessor shall be deemed to contract with
the lessee that, if the latter pays the rent reserved by the lease
and performs the contracts binding on the lessee, he may hold the
property during the time limited by the lease without interruption.
The benefit of such contract shall be annexed to
and go with the lessee's interest as such, and may be enforced by
every person in whom that interest is for the whole or any part
thereof from time to time vested.
RIGHTS AND LIABILITIES
OF THE LESSEE
(d) If during the continuance of the lease any
accession is made to the property, such accession shall be deemed
to be comprised in the lease
(e) If by fire, tempest or flood, or violence of
an army or of a mob, or other irresistible force, any material part
of the property be wholly destroyed or rendered substantially and
permanently unfit for the purposes for which it was let, the lease
shall, at the option of the lessee, be void:
PROVIDED that, if the inquiry be occasioned by
the wrongful act or default of the lessee, he shall be entitled
to avail himself of the benefit of this provision;
(f) If the lessor neglects to make, within a reasonable
time after notice, any repairs which he is bound to make to the
property, the lessee may make the same himself, and deduct the expense
of such repairs with interest from the rent, or otherwise recover
it from the lessor;
(g) If the lessor neglects to make any payment
which he is bound to make, and which, if not made by him, is recoverable
from the lessee or against the property, the lessee may make such
payment himself, and deduct it with interest from the rent, or otherwise
recover it from the lessor
(h) The lessee may even after the determination
of the lease remove, at any time whilst he is in possession of the
property leased but not afterwards all things which he has attached
to the earth; provided he leaves the property in the state in which
he received it;
(i) When a lease of uncertain duration determines
by any means except the fault of the lessee, he or his legal representative
is entitled to all the crops planted or sown by the lessee and growing
upon the property when the lease determines, and to free ingress
and egress to gather and carry them;
(j) The lessee may transfer absolutely or by way
of mortgage or sub-lease the whole or any part of his interest in
the property, and any transferee of such interest or part may again
transfer it. The lessee shall not, by reason only of such transfer,
cease to be subject to any of the liabilities attaching to the lease
Nothing in this clause shall be deemed to authorise
a tenant having an untransferable right of occupancy, the farmer
of an estate in respect of which default has been made in paying
revenue, or the lessee of an estate under the management of a Court
of Wards, to assign his interest as such tenant, farmer or lessee
(k) The lessee is bound to disclose to the lessor
any fact as to the nature or extent of the interest which the lessee
is about to take of which the lessee is, and the lessor is not aware,
and which materially increases the value of such interest;
(l) The lessee is bound to pay or tender, at the
proper time and place, the premium or rent to the lessor or his
agent in this behalf;
(m) The lessee is bound to keep, and on the termination
of the lease to restore, the property in as good condition as it
was in at the time when he was put in possession, subject only to
the changes caused by reasonable wear and tear or irresistible force,
and to allow the lessor and his agents, at all reasonable times
during the term, to enter upon the property and inspect the condition
thereof and give or leave notice of any defect in such condition;
and, when such defect has been caused by any act or default on the
part of the lessee, his servants or agents, he is bound to make
it good within three months after such notice has been given or
left;
(n) If the lessee becomes aware of any proceeding
to recover the property or any part thereof, or of any encroachment
made upon, or any interference with, the lessor's rights concerning
such property, he is bound to give, with reasonable diligence, notice
thereof to the lessor;
(o) The lessee may use the property and its products
(if any) as a person of ordinary prudence would use them if they
were his own; but he must not use, or permit another to use, the
property for a purpose other than that for which it was leased,
or fell or sell timber, pull down or damage buildings belonging
to the lessor, or work mines or quarries not open when the lease
was granted, or commit any other act which is destructive or permanently
injurious thereto;
(p) He must not, without the lessor's consent,
erect on the property any permanent structure, except for agricultural
purposes;
(q) On the determination of the lease, the lessee
is bound to put the lessor into possession of the property.
