Usual Covenants, covenants usually inserted in deeds having a similar scope to that in respect of which a question arises. The phrase occurs most frequently in connection with agreements for leases stipulating that the lease when granted shall contain 'all usual covenants.' What these are is a question of fact, but it may perhaps be laid down that at the present day covenants by the lessee to pay rent, to pay taxes, and to repair, and a qualified covenant by the lessor for quiet enjoyment (see that title), are usual, but that no others are, and in particular that the covenant not to assign or underlet without the leave of the lessor is not: see Hampshire v. Wickens, (1878) 7 Ch D 555; Re Lander, (1892) 3 Ch 41.
A proviso for re-entry on breach of covenants generally is not 'usual,' but a proviso for re-entry on breach of the covenant to pay rent is: see per James, LJ, in Hodgkinson v. Crowe, (1875) LR 10 Ch 622; Re Anderton, (1890) 45 Ch D 476.
Usual terms, a phrase in the Common Law practice, which meant pleading issuably, rejoining gratis, and taking short notice of trial. When a defendant obtained further time to plead, these were the terms usually imposed. The phrase is often used informally upon declaring an Order of Court, according to the practice of the Court, e.g., 'Stay of proceedings upon the usual terms pending an appeal.' As a rule, this means payment of the sum in question by the appellant, if defendant, the plaintiff giving security for repayment and an undertaking by his solicitor to abide any order for refunding if the appeal is successful'costs of the application to be paid by the applicant. See A.P. notes to Ord. LVIII., r. 16.
Usual terms, are very variable phenomena, differing materially not only according to the nature of the contract, but also according to the size, situation and value of the properties which are the subject-matter of the contract. Thus the usual terms of a contract for sale must necessarily be widely different from the usual terms of a contract for lease. Then again the usual terms of a short-term lease or lease of a small property must vary from the usual terms of a long-term lease or a lease of a big property. In case of a lease, one test for determining whether the agreement of parties on usual terms may be dispensed with or not is whether the conveyancer would be able to work up a complete lease from the terms agreed upon between the parties and supply the 'usual terms' from the general law of the land and from the customary rules of drafting in such a manner as to preclude the possibility of any reasonable objection by either party, Baijnath v. Kshetrahari Sarkar, 1955 Cal 210 (216).