New South Wales Consolidated Acts

LANDLORD AND TENANT (AMENDMENT) ACT 1948 - SECT 88D

88D Implied powers in lessor

(1) In every lease of prescribed premises there shall be implied the following covenants by the lessee:

(a) that the lessor or his or her agents may, twice in every year at a reasonable time of the day between eight o’clock in the morning and eight o’clock in the evening on any day other than a Saturday, Sunday or public holiday and after at least seven days’ notice in writing of intention to do so has been given to the lessee, enter upon the premises and view the state of repair thereof,

(b) that the lessor or his or her agents, servants, workmen or contractors may enter the premises for the purpose of effecting necessary repairs or maintenance after reasonable notice has been given to the lessee.

(2) The expression “reasonable time” in paragraph (a) of subsection (1) does not include any time at which the lessee and the other adult members of his or her household are ordinarily absent from the prescribed premises in the course or by reason of their respective trades, businesses, occupations or employments.

(3) Section 85 of the Conveyancing Act 1919 , as subsequently amended, does not apply to a lease of prescribed premises, whether made before or after the date on which the assent of Her Majesty to the Landlord and Tenant (Amendment) Act 1968 was signified.

(4) Subsection (1) has effect subject to any provision of the lease of the premises.