1239. Discharge from rentcharge to extent necessary to secure that annual charges do not exceed annual rent.

Where a conveyance of a house1 and premises2 to a tenant3 might4 otherwise be made subject, in respect of rentcharges5 which during the continuance of the tenancy are, or but for the termination of the tenancy before their commencement would have been, recoverable from the landlord6 without his having a right to be indemnified by the tenant, to an annual charge exceeding the annual rent7 payable under the tenancy8 at the relevant time9, the landlord is bound on or before the execution of the conveyance to secure that the house and premises are discharged from the whole or part