South Australian Consolidated Acts

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LANDLORD AND TENANT ACT 1936 - SECT 48

48—Effect of restricted licence

Where in any lease there is a power or condition of re-entry on the lessee assigning, subletting, or doing any other specified act without a licence, and a licence is granted—

            (a)         to one of two or more lessees or co-owners to do any act; or

            (b)         to any lessee or owner, or to any one of two or more lessees or owners to assign or underlet part only of the property, or to do any act in respect of part only of the property;

the licence does not operate to extinguish the right of entry in case of any breach of covenant or condition by any co-lessee or owner of any other share or interest in the property, or by any lessee or owner of the rest of the property (as the case may be), in respect of such shares or interests or remaining property, but the right of entry remains in force in respect of the shares, interests, or property not the subject of the licence.



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