PROPERTY LAW ACT 1958 - SECT 151 Attornments by tenants

PROPERTY LAW ACT 1958 - SECT 151

    (1)     Where land is subject to a lease—

        (a)     the conveyance of a reversion in the land expectant on the determination of the lease; or

        (b)     the creation or conveyance of a rentcharge to issue or issuing out of the land—

shall be valid without any attornment of the lessee.

Nothing in this subsection—

              (i)     shall affect the validity of any payment of rent by the lessee to the person making the conveyance or grant before notice of the conveyance or grant is given to him by the person entitled thereunder; or

              (ii)     shall render the lessee liable for any breach of covenant to pay rent, on account of his failure to pay rent to the person entitled under the conveyance or grant before such notice is given to the lessee.

    (2)     An attornment by the lessee in respect of any land to a person claiming to be entitled to the interest in the land of the lessor, if made without the consent of the lessor, shall be void.

This subsection shall not apply to an attornment—

        (a)     made pursuant to a judgment of a court of competent jurisdiction; or

        (b)     to a mortgagee, by a lessee holding under a lease from the mortgagor where the right of redemption is barred; or

        (c)     to any other person rightfully deriving title under the lessor.

No. 3754 s. 152.