New South Wales Consolidated Acts

CONVEYANCING ACT 1919 - SECT 84

84 Covenants by lessees

(1) In every lease of land made after the commencement of this Act there shall be implied the following covenants by the lessee, for himself or herself, his or her executors, administrators, and assigns, with the lessor, his or her executors, administrators, and assigns:

(a) That the lessee or the lessee’s executors, administrators and assigns will pay the rent thereby reserved at the time therein mentioned:
Provided, however, that in case the demised premises or any part thereof shall at any time during the continuance of the lease be destroyed or damaged by fire, flood, lightning, storm, or tempest or shall suffer war damage so, in any such event as to render the same unfit for the occupation and use of the lessee, then and so often as the same shall happen, the rent thereby reserved, or a proportionate part thereof, according to the nature and extent of the damage sustained shall abate, and all or any remedies for recovery of the rent or such proportionate part thereof shall be suspended until the demised premises shall have been rebuilt or made fit for the occupation and use of the lessee, and in case of any dispute arising under this proviso the same shall be referred to arbitration under the provisions of the Commercial Arbitration Act 2010 .

(b) That the lessee or the lessee’s executors, administrators and assigns will, at all times during the continuance of the said lease, keep and, at the termination thereof, yield up the demised premises in good and tenantable repair, having regard to their condition at the commencement of the said lease, accidents war damage and damage from fire, flood, lightning, storm and tempest, and reasonable wear and tear excepted.

(2) This section applies to every lease under the Real Property Act 1900 , and section seventy-eight of that Act is hereby repealed.