New South Wales Consolidated Acts

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CONVEYANCING ACT 1919 - SECT 85

Powers in lessor

85 Powers in lessor

(1) In every lease of land made after the commencement of this Act there shall be implied the following powers in the lessor, the lessor’s executors, administrators, or assigns:
(a) That the lessor, the lessor’s executors, administrators or assigns, or the agent of the lessor, the lessor’s executors, administrators or assigns, may, twice in every year during the term at a reasonable time of the day upon giving to the lessee two days’ previous notice, enter upon the demised premises and view the state of repair thereof, and may serve upon the lessee, the lessee’s executors, administrators, or assigns, or leave at the lessee’s or the lessee’s executors, administrators or assigns last or usual place of abode in New South Wales, or upon the demised premises, a notice in writing of any defect, requiring the lessee or the lessee’s executors, administrators or assigns, within a reasonable time, to repair same in accordance with any covenant expressed or implied in the lease.
(b) That in default of the lessee, the lessee’s executors administrators or assigns repairing any defect according to notice, the lessor or the lessor’s executors, administrators or assigns may from time to time enter the premises and execute the required repairs.
(c) That the lessor, the lessor’s executors, administrators or assigns, or the agent of the lessor, the lessor’s executors, administrators or assigns, may, at all reasonable times during the term, with workers and others and all necessary materials and appliances, enter upon the demised premises or any part thereof, for the purpose of complying with the terms of any present or future legislation affecting the said premises, and of any notices served upon the lessor or lessee by the Secretary of the Department of Health, licensing, municipal, or other competent authority, involving the control of weeds on land or the destruction of animals, or the carrying out of any repairs, alterations, or works of structural character, which the lessee may not be bound, or if bound, may neglect to do, and also for the purpose of exercising the powers and authorities of the lessor under the lease: Provided that such control, destruction, repairs, alterations, and works shall be carried out by the lessor without undue interference with the occupation and use of the demised premises by the lessee.
(d) That, in case the rent or any part thereof is in arrear for the space of one month (although no formal demand therefor has been made), or in case default is made in the fulfilment of any covenant, condition, or stipulation, whether expressed or implied in the lease, and on the part of the lessee to be performed or observed, and such default is continued for the space of two months, or in case the repairs required by such notice as aforesaid are not completed within the time therein specified, the lessor or the lessor’s executors, administrators or assigns may re-enter upon the demised premises (or any part thereof in the name of the whole) and thereby determine the estate of the lessee, the lessee’s executors, administrators, or assigns, therein, but without releasing the lessee or the lessee’s executors, administrators or assigns from liability in respect of the breach or non-observance of any such covenant, condition, or stipulation.
(2) This section applies to every lease under the Real Property Act 1900 , and section seventy-nine of that Act is hereby repealed.



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