Item 46 - Letter from John Warren to Dr French

1 item, paper

Letter from John Warren to Dr French, about renting. Reads:

Gravely, 16 December, 1829
Dear Sir,
From the case submitted to Mr Preston it appears the the College doubt whether the lease which I intended to grant to Mr Peppercorn would bind my successors on the ground that the rent reserved £300 per ann. is left them the rent which Dr Coppard received for the same lands a few years ago: this presuming the lease to be valid, it appears that it is objected to on the ground that Mr Peppercorn's covenant to repair will exempt me from dilapidations in case I should vacate the living before the determination of the lease.
With respect to the rent of these lands in Dr Coppard's time I have made inquiries, and it appears that the greatest rent he ever received for them was £327 per ann. And I have arranged with Mr Peppercorn that the rent in this lease shall be £327 instead of £300, which I presume will satisfy the College as to the validity of the lease. With respect to Mr Peppercorn's covenant to repair, I understand that it is usual to put such covenants into all leases by ecclesiastical persons binding their successors, whether the leases be granted by common law, or by the enabling statute, or by the clause in the general inclosure act: and therefore whatever be the situation with respect to dilapidations in which successors in general are placed by these covenants, the same will be the situation in which my successors will be places, and whatever remedy others have for dilapidations, he will have also; this appears to me fair and reasonable: however, if the college require additional security in this case, I will bind myself to be answerable my successor for dilapidations in the same way and to the same extent as should have been if the lease had not been binding on my successor.
As the lease now stands Mr Peppercorn cannot underlet without the consent of the Rector for the time being: but (if the College will agree to it) he writes this covenant to be altered, so as to enable him to underlet under certain restrictions without the consent of the Rector for the time being; the restrictions to which he would agree are these: that the undertenant should not occupy any any other land within two miles of this land; that he should not have the power of underletting again or of assigning; that the under tenant's lease should continue to the end of the term of his own lease: with these restrictions I do not think that any harm would arise from allowing Mr Peppercorn to underlet without the consent of the Rector for the time being; and having that power he would farm with greater confidence, knowing that if he or his executors could not conveniently occupy this farm at any future period, he should have the power of underletting; he does not want the power of assigning without the consent of the Rector but only of underletting; so that he would still continue answerable for the rent.
If you could conveniently communicate the substance of this letter to the College I should be obliged to you.
I am, Dear Sir
Yours Faithfully
John Warren