ance; but if there has been a loss, the damages recoverable from him will be the value of that which ought to have been insured. Though the landlord may himself have insured the premises, the tenant will not be absolved from his liability to rebuild, if he has covenanted to keep the premises in repair, without any proviso or exemption in the case of fire or tempest (see p. 1960). And, in the absence of express agreement, the landlord is under no obligation to lay out any money he has received from his insurers in re-instating the premises. But there seems to be no reason why the tenant should not be able to compel the insurance company to expend the insurance money in rebuilding, instead of paying it to the landlord; at any rate, where the tenant has insured, the landlord can compel them to thus apply the money.
Forfeiture of a lease for Breach of Covenant.—Upon a breach of covenant by the tenant, the landlord may bring an action for damages, or he may, in cases where the lease contains a proviso for re-entry on the breach of any covenant, treat such breach as a ground for forfeiture of the lease. With regard, however, to covenants other than those by which the tenant undertakes to pay rent or not to assign or underlet, the landlord cannot enforce the right of re-entry, by action or otherwise, unless he has served upon the tenant a notice in writing, specifying the particular breach complained of, requiring him to remedy it, if practicable, and to make compensation if it be desired and the tenant has failed to comply with such notice within a reasonable time. And, even then, it is open to the tenant in such cases to apply to the Court for relief against forfeiture, which the Court has discretion to grant upon such terms as seem fit.
With regard to the breach of a covenant for non-payment of rent, if an action is brought for forfeiture, the tenant may stay proceedings by tendering or paying into Court the rent and costs; and where the landlord has, in fact, entered without an action, the tenant may obtain relief by an action.
Unless the lease provides for re-entry on non-payment of rent, "whether the same be demanded or not," the landlord or his agent must make a formal demand for the rent, on the premises, at a convenient time before, and at, sunset on the day on which the rent becomes due. But if not less than half a year's rent has become due, and there is no sufficient distress to be found on the premises, the landlord may serve the tenant with a writ of ejectment, without any formal demand. As to the summary means of recovering possession on non-payment of rent which exists in certain cases, see Recovery of Premises, p. 1966. In the case of a covenant not to assign or sub-let, no notice is required to be given prior to the exercise of the right of re-entry, and no relief from forfeiture can be obtained, except in favour of an under-lessee who had no reason to suppose that the landlord's consent to his underlease was necessary.
Waiver of the right to re-enter.—Except in the case of a forfeiture on the ground of half a year's rent being in arrear and no sufficient distress being found on the premises, the acceptance of rent, or a distress for the same, amounts to a waiver of the right to re-enter; and, similarly, where there is a continuing breach, as in the case of a covenant to repair or insure, either of the acts referred to will constitute a waiver of the right to re-enter, in respect to any breach committed prior to the time the rent became due or the distress was levied as the case may be.
Rent.
When due and payable.—As a general rule the time at which rent is payable is stated in the lease. Where, however, no time is specified and the rent is expressed to be a yearly rent, that is to say, at so much a year, it is not payable till the expiration of the year, unless otherwise expressly provided. As a general rule in residential occupations the rent is made payable quarterly, and on the recognized quarter days. In the case of a quarterly, monthly, or weekly tenancy it is, of course, payable at the end of the quarter, etc. The rent becomes due at sunrise of the day on which it is payable, but cannot be
