New South Wales Consolidated Acts

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CONVEYANCING ACT 1919 - SECT 121

Chief leases may be renewed without surrendering under-leases

121 Chief leases may be renewed without surrendering under-leases

(1) In case any lease is duly surrendered in order to be renewed, and a new lease made and executed by the chief landlord, such new lease shall without a surrender of all or any of the under-leases, be as good and valid to all intents and purposes as if all the under-leases derived thereout had been likewise surrendered at or before the taking of such new lease.
(2) Every person in whom any estate for life, or lives, or for years, is from time to time vested by virtue of such new lease and the person’s executors and administrators shall be entitled to the rents, covenants, and duties, and have like remedy for the recovery thereof, and the under-lessees shall hold and enjoy the lands in the respective under-leases comprised, as if the original leases out of which the respective under-leases are derived had been still kept on foot and continued.
(3) The chief landlord shall be entitled to the same remedy by distress or entry in and upon the lands comprised in any such under-lease for the rents and duties reserved by such new lease (so far as the same do not exceed the rents and duties reserved in the lease out of which such under-lease was derived) as the chief landlord would have had in case such former lease had been still continued or as the chief landlord would have had in case the respective under-leases had been renewed under such new principal lease.
(4) Section six of the Imperial Act Four George the Second, chapter twenty-eight, is hereby repealed so far as the same applies to New South Wales.



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