PROPERTY LAW ACT 1969 - SECT 77

PROPERTY LAW ACT 1969 - SECT 77

77 .         Rent and benefit of lessee’s covenants to run with reversion

        (1)         Rent reserved by a lease, and the benefit of every covenant or provision contained in the lease, having reference to the subject-matter thereof, and on the lessee’s part to be observed or performed, and every condition of re-entry and other condition contained, shall be annexed and incident to and shall go with the reversionary estate in the land, or in any part thereof, immediately expectant on the term granted by the lease, notwithstanding severance of that reversionary estate, and without prejudice to any liability affecting a covenantor or his estate.

        (2)         Any rent, covenant or provision referred to in subsection (1) is capable of being recovered, received, enforced and taken advantage of by the person from time to time entitled, subject to the term, to the income of the whole or of any part as the case may require, of the land leased.

        (3)         Where that person becomes entitled by conveyance or otherwise, the rent, covenant or provision referred to in subsection (1) may be recovered, received, enforced or taken advantage of by him notwithstanding that he becomes so entitled after the condition of re-entry or forfeiture has become enforceable, but this subsection does not render enforceable any condition of re-entry or other condition waived or released before that person becomes so entitled.

        (4)         This section applies to leases made before or after the date of the coming into operation of this Act, but does not affect the operation of —

            (a)         any severance of the reversionary estate; or

            (b)         any acquisition by conveyance or otherwise of the right to receive or enforce any rent, covenant or provision, effected before that date.