New South Wales Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

CONVEYANCING ACT 1919 - SECT 84A

Special provisions in relation to certain leases

84A Special provisions in relation to certain leases

The following provisions shall have effect with respect to every lease in which the covenants implied by section 84 are negatived, and in which the forms of words contained in the first column of Part 2 of Schedule 4 and distinguished by the numbers 2, 4 and 5 or any of them are not employed or are employed with exceptions, qualifications or omissions:

(a) Where in any such lease there is a covenant to pay the rent reserved there shall be implied the following proviso:
Provided, however, that in case the demised premises or any part thereof shall suffer war damage so 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) Where in any such lease there is a covenant by the lessee that the lessee will, during the continuance of the lease, keep the demised premises in good and tenantable repair or that the lessee will at the termination of the lease yield up the demised premises in good and tenantable repair it shall be implied in such covenant that war damage shall be excepted.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback