PROPERTY LAW ACT 1974 - SECT 107 Powers in lessor

PROPERTY LAW ACT 1974 - SECT 107

107 Powers in lessor

Unless otherwise agreed, in every lease of land made after the commencement of this Act there shall be implied the following powers in the lessor—

(a) To enter and view —that the lessor may, by the lessor, or the lessor’s agents, during the term at a reasonable time of the day upon giving to the lessee 2 days previous notice in writing of the lessor’s intention to enter, enter upon the demised premises and view the state of repair of the premises, and may serve upon the lessee or leave at the lessee’s last or usual place of abode in the State, or upon the demised premises, a notice in writing of any defect, requiring the lessee, within a reasonable time, to repair same in accordance with any covenant or obligation expressed or implied in the lease;

(b) To enter and repair —that in default of the lessee repairing any defect according to notice, the lessor may from time to time enter the premises and execute the required repairs;

(c) To enter and carry out requirements of public authority, and repair under the lease —that the lessor may, by the lessor, or the lessor’s agents, at all reasonable times during the term, with workpersons and others and all necessary materials and appliances, enter upon the demised premises or any part of the premises, for the purpose of complying with the terms of any present or future legislation affecting the premises, and of any notices served upon the lessor or lessee by the licensing, local, municipal, or other competent authority, involving the destruction of noxious weeds or animals, or the carrying out of repairs, alterations, or works of a 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;

(ca) However, such 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) To re-enter and take possession —that, in case the rent or any part of the rent is in arrear for the space of 1 month (although no formal demand therefor has been made), or in case default is made in the fulfilment of any covenant, obligation, 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 2 months, or in case the repairs required by such notice are not completed within the time specified in the lease, the lessor may re-enter upon the demised premises (or any part of the premises in the name of the whole) and determine the estate of the lessee in the premises, but without releasing the lessee from liability in respect of the breach or non-observance of any such covenant, obligation, condition, or stipulation.