New South Wales Consolidated Acts

LIMITATION ACT 1969 - SECT 34

34 Tenancies

(1) This section applies to:

(a) a tenancy from year to year or other periodical tenancy,

(b) a tenancy at will, and

(c) a tenancy to which section 127 of the Conveyancing Act 1919 applies.

(2) The cause of action of a person entitled to land subject to a tenancy to which this section applies to recover the land from the tenant or from a person claiming under the tenant accrues on the only or later or latest of such of the following dates as are applicable:

(a) in the case of a tenancy from year to year or other periodical tenancy-the date of the expiration of the first year or other period of the tenancy,

(b) in the case of a tenancy at will or a tenancy to which section 127 of the Conveyancing Act 1919 applies-the date of the expiration of one year after the commencement of the tenancy, and

(c) in any case where the tenancy is at a rent-the date on which rent payable to the person having the cause of action or a person through whom the person claims first becomes overdue,

unless the cause of action accrues on an earlier date by virtue of a demand of possession, forfeiture or breach of condition, or otherwise.