Building Leases
In some cases, as has been indicated, some of the more
notable deficiencies in agreements were corrected in the
leases granted under them. (ref. 139) There were 460 such leases
of plots ranging in size from individual house sites (and
in one case part of a yard (ref. 140) ) to extensive areas which were
then sub-let in smaller building plots by their lessees.
Although by no means uniform, the leases generally
followed a standard pattern. They were usually granted
in consideration of buildings erected, in course of erection,
or to be erected; the payment of rent; and the performance of covenants. Each was of a plot of ground and
the building or buildings standing on it or to be erected
there. Even in leases of individual house plots the phrase
'and all other buildings built or which may be built' on
the same was often added, no doubt to cover stabling,
offices or other out-buildings; but this phrase, if interpreted literally, gave the lessee complete freedom to
cover the ground with whatever buildings he wished.
The term of years granted by such leases and the extra
rent payable if undesirable trades were practised have
been discussed above; the ground rents will be examined
separately in the next section.
The 'common usual and necessary covenants' referred
to in the agreements are set out fully in the leases themselves. The lessee undertook to pay the ground rent and
the extra rent payable if he practised a noxious trade; to
pay his share of the cost of making and keeping in repair
the stable yard, if applicable; to finish the building within
a specified time in a workmanlike manner; to put up rails
and posts, and do the necessary paving work to the middle
of the street; to build his stables or other buildings at the
back of his plot to as low a height as possible; to maintain
the premises in good repair; to surrender the buildings
at the end of the leasehold term with their fittings intact;
to allow to the landlord or his agents the right of inspection at least twice each year, and to put right any defects
thereby discovered within three months. A further clause
gave to the landlord the right of repossession in case of
non-payment of rent in the usual manner of such leases.
The time limit laid down for completing buildings was
usually six months but this was often varied. In leases of
large areas containing a number of house plots a longer
time was frequently allowed, and in one instance the
lessee was merely required to finish his buildings 'with
all Convenient Speed and as soon as may be'. (ref. 141) For
houses in Grosvenor Square twelve or eighteen months
were generally allowed. Many instances could be cited
of houses which were not completed within the allotted
span and there is no evidence of any attempt on the part
of the Grosvenors or their officers to enforce such provisions rigidly. In one case, when a builder died after
being in financial difficulties, partially built houses were
standing in a deteriorating condition ten years after a
lease of them had been granted to him, but Robert
Andrews, acting for Sir Robert Grosvenor, agreed not
only to remit the arrears of ground rent due but also to
pay a small sum to the builder's principal creditor in
return for an assignment of the lease in trust for Sir
Robert. (ref. 43)
Additional covenants were included in leases whenever
particular circumstances demanded. Often these were
concerned with the siting of coach-houses and stables. In
leases of plots which had their principal frontages on major
streets such as Brook Street or Grosvenor Square and
long return frontages to other streets such as Davies
Street or Duke Street, a condition was often inserted that
the building of stabling in the latter streets was either
prohibited or only allowed if no entrance directly into
the street from the stable was constructed, access being
obtained from the mews at the rear. (ref. 142) Among the more
unusual stipulations about the location of stabling was
that contained in leases of sites on the south side of South
Street in which it was stated that if lessees built stables
on their plots they were not to keep dung in the street
but were to 'sink a place … in the said Street … for the
holding and keeping of such Dung and … cover the same
over in a Safe manner even with the Surface of the said
Street'. (ref. 143) In leases of plots with frontages on to stable
yards, the use of the yard and its facilities was granted
in common with other lessees of plots abutting on
the yard.
The building leases for Grosvenor Square contained
provisions about the square garden. In return for the
privilege of 'walking in' the enclosure the lessee had to
pay an additional annual rent (calculated at 9d. per foot
frontage), the proceeds of which were to be used for maintaining the garden, watering the roadway in the square,
and paying a gardener to look after the enclosure.