South Australian Consolidated Acts

LANDLORD AND TENANT ACT 1936 - SECT 47

47—Effect of licences granted to lessees

        (1)         Where a licence is granted to a lessee or his assigns to do any act which without the licence would create a forfeiture, or give a right to re-enter, the licence, unless otherwise expressed, shall extend only—

            (a)         to the permission actually given; or

            (b)         to the specific breach of any proviso or covenant made or to be made; or

            (c)         to the actual assignment under lease or other matter specifically authorised by the licence to be done,

and the licence shall not prevent any proceeding for any subsequent breach unless otherwise specified in the licence.

        (2)         Notwithstanding any such licence—

            (a)         all rights under covenants and powers of re-entry contained in the lease shall remain in full force, and be available as against any subsequent breach of covenant, or condition or assignment under lease or other matter not specifically authorised or waived, in the same manner as if no licence had been granted; and

            (b)         the condition or right of entry remains in force in all respects as if the licence had not been granted, save in respect of the particular matter authorised to be done.