Worker's Dwellings Lease Agreement




838

premises and thereby determine this lease, and that without releasing the said lessee from his [or her] liability in respect of any rent due or of any preceding breach of covenant.

And, lastly, it is hereby declared and agreed that any power of entry or distress granted under these presents or any other power which may arise or be exercisable by law by or on behalf of the lessor may from time to time be exercised by the Land Board for the time being for the said land district or by any officer or person whom such Board may from time to time appoint for that purpose.

In witness whereof the Commissioner of Crown Lands for the Land District of , acting on behalf of His Majesty the King, and in pursuance and exercise of every power and authority enabling him in that behalf, hath hereunto set his hand, and these presents have been signed by the lessee, the day and year first above written.

Signed by the said Commissioner of Crown Lands, in the name and on behalf of His Majesty the King, in the presence of

A. B.,
Commissioner of Crown Lands.

Signed by the said , in the presence of C. D., Lessee.

Form C (Reg. 36).

LEASE OF WORKER'S DWELLING.

" The Workers' Dwellings Act, 1905."

Land District.

This deed, made the day of , one thousand nine hundred and , between His Majesty King Edward the Seventh (who with his heirs and successors is hereinafter referred to as "the lessor") of the one part and [Name of lessee in full], of [Address], in the Land District of , in the Colony of New Zealand, [Occupation] (who with executors, administrators, and permitted assigns is and are hereinafter referred to as "the lessee"), of the other part, witnesseth that, in consideration of the rent hereinafter reserved, and of the covenants, conditions, and agreements herein contained and implied and on the part of the lessee to be paid, observed, and performed, the lessor doth hereby demise and lease unto the lessee all that piece or parcel of land containing by admeasurement acres roods perches, a little more or less, situate in the Land District of , and being section numbered , Block , as the same is more particularly delineated and described in the plan drawn hereon, and therein coloured red in outline; together with the buildings thereon and all appurtenances thereto, together also with all ways, rights, easements, and appurtenances to the said land belonging: To hold the said several premises intended to be hereby demised unto the lessee for the term of fifty years, commencing on the first day of , one thousand nine hundred and , yielding and paying therefor the annual rent of (£ ), payable monthly in advance on the first day of each calendar month during the said term, free from all deductions whatsoever. The first payment of such rent having been made, the next payment to become due and be made on the first day of next.

And the lessee doth hereby, for heirs, executors, and administrators, covenant with the lessor, his heirs and successors, as follows, namely:

  1. The lessee shall not, nor will at any time during the said term, assign, underlet, or part with the possession of the said land hereby demised, or any part thereof, without the consent in writing of the Land Board for the time being of the Land District of (acting on behalf of the lessor) first had and obtained.

  2. The lessee will from time to time during the said term pay unto the lessor the said rent on the days and in manner aforesaid, and also will from time to time pay and discharge all rates, taxes, charges, and assessments whatsoever now or hereafter to become payable upon or in respect of the said premises hereby demised or any part thereof.

  3. The lessee will, during the said term, well and sufficiently repair, maintain, and keep the said premises, and all buildings, fences, gates, and erections from time to time placed or built thereon, and also all drains, gullies, and channels, in good and substantial repair and condition (reasonable wear-and-tear and damage by fire, storm, earthquake, or tempest only excepted). With respect to the said premises the lessee will from time to time abide by and conform to all the by-laws and regulations from time to time in force or made or passed by the local authority for the time being entrusted under any Act with the administration of the local affairs in the said district, by whatever name or designation such local authority may now or at any time hereafter be called, but hereinafter referred to as "the local authority."

[No. 21

  1. The lessee will from time to time construct, maintain, and keep all such privies, ashpits, and other works of a similar character as may be ordered or directed by the said local authority; and in cutting and laying of drains and channels for the conveyance of water or waste material or refuse of any kind, and in maintaining and providing for the sanitary state and condition of the premises hereby demised, will at all times act in accordance with the direction of the local authority or the requirements of any laws, by-laws, rules, or regulations for the time being in force providing for the sanitary state and condition of the locality in which such land is situated.

  2. The lessee will not during the said term sink any wells or make any excavations in or upon the said demised land without the consent in writing of the Land Board first had and obtained.

  3. The lessee will not at any time during the said term carry on, or permit to be carried on, on the said land or any part thereof the trade or business of a soap-boiler, tallow-chandler, tanner, slaughterman, meat curer or preserver, or any noisy, noxious, or offensive trade or manufacture of any kind whatever.

  4. The lessee will permit the lessor, or any officer or person on his behalf duly authorised as hereinafter provided, from time to time to enter upon the said premises at all reasonable times to view the state and condition thereof; and upon notice of any defect or want of repair being given to the lessee by any such officer or person aforesaid, or left for him on the premises, will, within the time specified in such notice, make good any such defect or want of repair.

  5. That the lessee will reside upon the said premises continuously as from the date of the commencement of the said term.

  6. That the lessee will not remove any fittings or fixtures from or alter the construction of the dwellinghouse or buildings upon the said premises, nor make any addition thereto, nor remove any gates, fences, or other structures, without the written consent of the Land Board first had and obtained.

  7. That the lessee will in respect of such buildings on the said premises as are constructed of wood at least once in five years, or oftener if so directed by the Land Board, paint the whole of the exterior portions of such buildings, including picket fences, with at least two coats of good paint, and stop all nail-holes, cracks, and joints in a thorough workmanlike manner, to the satisfaction and approval of the said Board.

  8. And will also keep the garden-ground of such dwelling properly tilled and cultivated, and will not allow noxious weeds of any kind to grow or seed therein, and will not cut down, destroy, or remove any trees, shrubs, or plants from the said premises save with the written consent of the Land Board first had and obtained.

  9. That the said lessee will at least once a year during the continuance of his tenancy properly cut and trim any live fences on the land, including all such fences as may be planted subsequent to the date hereof, and will also during the said tenancy from time to time, as occasion requires, properly clean and clear from weeds or other obstruction all creeks, drains, ditches, and watercourses upon the said land: Provided that it shall be lawful for the said Land Board, or any person appointed by such Board, at any time to enter upon and make through the said land any drain that the Board deems necessary, and that without payment to the lessee of any compensation in respect thereof.

And it is hereby declared and agreed that if at the termination of this present tenancy the lessee shall have performed all the covenants and conditions of this lease, and shall be desirous of having a renewal of the same for a further period of fifty years, and shall give to the said Board at least one calendar month's notice in writing of such desire, then, and in such case, the Board may grant to the lessee a new lease of the said premises and land for a further period of fifty years, containing the same covenants and provisions (including this present provision) as are herein contained: Provided that the rent to be paid during such renewed term shall be fixed by a valuation made by three independent persons, one to be appointed by the Minister of Labour for the time being, one by the lessee, and the third by the two persons so appointed:

Provided always that whenever the rent reserved shall be in arrear for twenty-one days the same may be levied by distress: Provided further that if the rents hereby reserved, or any part thereof, shall at any time during the said term be in arrear and unpaid for the space of thirty days next after any or either of the days hereinbefore appointed for the payment thereof, or if the lessee shall commit a breach of or fail to perform or observe any of the covenants, conditions, or agreements on his part contained herein, then and in any such case it shall be lawful for the lessor to re-enter upon the demised premises and thereby determine this lease, and that without releasing the said lessee from liability



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1906, No 21





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🏗️ Regulations under The Workers’ Dwellings Act, 1905 (continued from previous page)

🏗️ Infrastructure & Public Works
15 March 1906
Regulations, Workers' Dwellings Act, Land Board, Housing, Tenancy, Lease
  • A. B., Commissioner of Crown Lands