New South Wales Consolidated Acts

CONVEYANCING ACT 1919 - SECT 133A

133A Provisions as to covenants to repair

(1) Damages for a breach of a covenant or agreement to keep or put premises in repair during the currency of a lease, or to leave or put premises in repair at the termination of a lease, whether such covenant or agreement is expressed or implied, and whether general or specific, shall in no case exceed the amount (if any) by which the value of the reversion (whether immediate or not) in the premises is diminished owing to the breach of such covenant or agreement as aforesaid; and in particular no damage shall be recovered for a breach of any such covenant or agreement to leave or put premises in repair at the termination of a lease, if it is shown that the premises, in whatever state of repair they might be, would at or shortly after the termination of the lease have been or be pulled down, or such structural alterations made therein as would render valueless the repairs covered by the covenant or agreement.

(2) A right of re-entry or forfeiture for a breach of any such covenant or agreement as aforesaid shall not be enforceable, by action or otherwise, unless the lessor proves that the fact that such a notice as is required by section 129 had been served on the lessee was known either--

(a) to the lessee, or

(b) to an under-lessee holding under an under-lease which reserved a nominal reversion only to the lessee, or

(c) to the person who last paid the rent due under the lease either on the person's own behalf or as agent for the lessee or under-lessee,

and that a time reasonably sufficient to enable the repairs to be executed had elapsed since the time when the fact of the service of the notice came to the knowledge of any such person.
Where a notice has been sent by post in a registered letter addressed to a person at the person's last known place of abode in or out of New South Wales, and that letter is not returned through the post office undelivered, then, for the purposes of this subsection, that person shall be deemed, unless the contrary is proved, to have had knowledge of the fact that the notice had been served as from the time at which the letter would have been delivered in the ordinary course of post.
This subsection shall be construed as one with section 129.

(3) This section applies whether the lease was created before or after the commencement of the Conveyancing (Amendment) Act 1930 .