Victorian Consolidated Legislation

Property Law Act 1958 - SECT 144

No fine to be exacted for licence to assign

144. No fine to be exacted for licence to assign



(1) In all leases containing a covenant, condition or agreement against
assigning, underletting or parting with the possession, or disposing of the
land or property leased without licence or consent, such covenant, condition
or agreement shall
unless the lease contains an express provision to the contrary, be deemed to
be subject to a proviso to the effect that such consent shall not be
unreasonably withheld and that no fine or sum of money in the nature of a fine
shall be payable for or in respect of such licence or consent; but this
proviso shall not preclude the right to require the payment of a reasonable
sum in respect of any legal or other expense incurred in relation to such
licence or consent.





(2) In the case of a lease relating to licensed premises within the meaning of
the Liquor Control Reform Act 1998, the last preceding subsection shall be
read and construed as if for the words "unless the lease contains an express
provision to the contrary" there were substituted the words "notwithstanding
any provision to the contrary", but nothing in this subsection shall affect
any liability to pay any such fine or sum of money which by reason of section
two of the Conveyancing Act 1917 was existing at the commencement of the
Property Law Act 1928.