A covenant or proviso which tends to abridge or qualify the estate vested by the lease in the tenant is not one that can be inserted as a usual covenant1; and on this ground it has been held that a covenant against assigning or underletting without consent2, and a proviso for re-entry on bankruptcy3 or on breach of covenant generally4, are not usual covenants.
The following covenants and provisos have also been held to be unusual5:
(1) a covenant by the tenant to rebuild and repair
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