Short Forms of Leases Act, R.S.O. 1990, c. S.11
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Short Forms of Leases Act
R.S.O. 1990, CHAPTER S.11
Consolidation Period: From December 31, 1990 to the e-Laws currency date.
No amendments.
Effect of lease made according to Sched. A and Col. 1 of Sched. B
1. Where a lease under seal, made according to the form set forth in Schedule A, in English or French, or any other such lease expressed to be made in pursuance of this Act or referring thereto, contains any of the forms of words contained in Column One of Schedule B and distinguished by any number therein, the lease has the same effect as if it contained the form of words contained in Column Two of Schedule B distinguished by the same number as is annexed to the form of words used in the lease; but it is not necessary in any such lease to insert any such number. R.S.O. 1990, c. S.11, s. 1.
Parties may substitute any name or designation
2. (1) Parties who use any of the forms in the first column of Schedule B, may substitute for the word “lessee” or “lessor” any name or other designation, and in every such case a corresponding substitution shall be taken to be made in the corresponding form in the second column.
and feminine for masculine or plural for singular
(2) Such parties may substitute the feminine gender for the masculine, or the plural number for the singular, in the forms in the first column, and corresponding changes shall be taken to be made in the corresponding forms in the second column.
and may introduce exceptions
(3) Such parties may introduce into or annex to any of the forms in the first column any express exceptions from or express qualifications thereof respectively, and the like exceptions or qualifications shall be taken to be made from or in the corresponding forms in the second column.
Application of covenants to heirs and assigns
(4) Where the premises demised are of freehold tenure the covenants 2 to 9 shall be taken to be made with and the proviso 12 to apply to the heirs and assigns of the lessor or the successors and assigns of the lessor, as the case may be, and where the premises demised are of leasehold tenure such covenants and proviso shall be taken to be made with and apply to the lessor and the lessor’s executors, administrators, successors and assigns.
Interpretation
(5) Where the word “lessor” occurs in the second column it includes, when the premises demised are of freehold tenure, the heirs, executors, administrators, successors and assigns of the lessor, and when the premises demised are of leasehold tenure it includes the executors, administrators, successors and assigns of the lessor, and where the word “lessee” occurs in the second column it includes the executors, administrators, successors and assigns of the lessee. R.S.O. 1990, c. S.11, s. 2.
Effect of leases failing to take effect under this Act
3. Any lease or part of a lease that fails to take effect by virtue of this Act is nevertheless as effectual to bind the parties thereto as if this Act had not been passed. R.S.O. 1990, c. S.11, s. 3.
Covenants to run with land
4. Unless the contrary is expressly stated in the lease all covenants not to assign or sub-let without leave entered into by a lessee in any lease under this Act run with the land demised, and bind the executors, administrators, successors and assigns of the lessee whether mentioned in the lease or not, unless it is by the terms of the lease otherwise expressly provided, and the proviso for re-entry contained in Schedule B, when inserted in a lease, applies to a breach of either an affirmative or negative covenant. R.S.O. 1990, c. S.11, s. 4.
SCHEDULE A
FORM OF LEASE
R.S.O. 1990, c. S.11, Sched. A.
R.S.O. 1990, c. S.11, Sched. B.
