Deed of release of a covenant in a lease by endorsement

THIS DEED OF RELEASE is made the ________ day of _______

BETWEEN the within named ______________ r/o ____________ etc. (“the Lessor”) of the ONE PART

AND

the within-named __________ (“the Lessee”) of the OTHER PART.

WHEREAS the covenant in the within-written lease contained on the part of the Lessee that he would not use or suffer the messuage or tenement and premises demised by the within-written lease on any part thereof to be used as a school or boarding house or for any trade business or profession or otherwise than as a private dwelling-house only was inserted in the within-written lease by mistake and contrary to the intention of the parties and the Lessor has therefore agreed to release the Lessee from the same covenant and any past breach or breaches thereof (if any) in manner hereinafter expressed.

NOW THIS DEED made in pursuance of the said agreement and in consideration of the premises WITNESSES that the Lessor HEREBY RELEASES AND DISCHARGES the Lessee his personal representatives and assigns of and from the covenant hereinbefore set forth and in the within-written lease contained on the part of the Lessee in such and the same manner as if the same had not been inserted in the within-written lease and of and from all actions proceedings claims and demands for or by reason or on account of the same covenant or any past breach or breaches thereof PROVIDED NEVERTHELESS and it is hereby expressly declared and agreed that nothing hereinbefore contained shall operate to release the Lessee his personal representatives or assigns from the performance and observance of the several other covenants and agreements in the within-written lease contained on his and their parts and agreed to be performed and observed or in anywise prejudice or affect the proviso for re-entry in the within-written lease contained for or by reason or in respect of any breach or breaches of the other covenants and agreements in the within-written lease contained.

 

IN WITNESSES WHEREOF, etc.

 

[Signature of Releasor]