Victorian Consolidated Legislation

Property Law Act 1958 - SECT 143

Effect of licences granted to lessees

143. Effect of licences granted to lessees



(1) Where a licence is granted to a lessee to do any act, the licence, unless
otherwise expressed, extends only-

   (a)  to the permission actually given; or

   (b)  to the specific breach of any provision or covenant referred to; or

   (c)  to any other matter thereby specifically authorized to be done-

and the licence does 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, condition or other matter not
        specifically authorized or waived, in the same manner as if no licence
        had been granted; and

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

(3) 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 any one of two or more lessees to do any act, or to deal with his
        share or interest; or





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

the licence shall not operate to extinguish the right of entry in case of any
breach of covenant or condition by the co-lessees of the other shares or
interests in the property, or by the lessee or lessees 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 shall remain in force in respect of
the shares, interests or property not the subject of the licence.

(4) This section shall apply to licences granted after the nineteenth day of
April One thousand eight hundred and sixty-four.