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CONVEYANCING ACT 1919 - SECT 85
Powers in lessor
85 Powers in lessor
(1) In every lease of land made after the commencement of this Act there shall
be implied the following powers in the lessor, the lessor's executors,
administrators, or assigns-- (a) That the lessor, the lessor's executors,
administrators or assigns, or the agent of the lessor, the lessor's executors,
administrators or assigns, may, twice in every year during the term at a
reasonable time of the day upon giving to the lessee two days' previous
notice, enter upon the demised premises and view the state of repair thereof,
and may serve upon the lessee, the lessee's executors, administrators, or
assigns, or leave at the lessee's or the lessee's executors, administrators or
assigns last or usual place of abode in New South Wales, or upon the demised
premises, a notice in writing of any defect, requiring the lessee or the
lessee's executors, administrators or assigns, within a reasonable time, to
repair same in accordance with any covenant expressed or implied in the lease.
(b) That in default of the lessee, the lessee's executors administrators or
assigns repairing any defect according to notice, the lessor or the lessor's
executors, administrators or assigns may from time to time enter the premises
and execute the required repairs.
(c) That the lessor, the lessor's
executors, administrators or assigns, or the agent of the lessor, the lessor's
executors, administrators or assigns, may, at all reasonable times during the
term, with workers and others and all necessary materials and appliances,
enter upon the demised premises or any part thereof, for the purpose of
complying with the terms of any present or future legislation affecting the
said premises, and of any notices served upon the lessor or lessee by the
Secretary of the Department of Health, licensing, municipal, or other
competent authority, involving the control of weeds on land or the destruction
of animals, or the carrying out of any repairs, alterations, or works of
structural character, which the lessee may not be bound, or if bound, may
neglect to do, and also for the purpose of exercising the powers and
authorities of the lessor under the lease: Provided that such control,
destruction, repairs, alterations, and works shall be carried out by the
lessor without undue interference with the occupation and use of the demised
premises by the lessee.
(d) That, in case the rent or any part thereof is in
arrear for the space of one month (although no formal demand therefor has been
made), or in case default is made in the fulfilment of any covenant,
condition, or stipulation, whether expressed or implied in the lease, and on
the part of the lessee to be performed or observed, and such default is
continued for the space of two months, or in case the repairs required by such
notice as aforesaid are not completed within the time therein specified, the
lessor or the lessor's executors, administrators or assigns may re-enter upon
the demised premises (or any part thereof in the name of the whole) and
thereby determine the estate of the lessee, the lessee's executors,
administrators, or assigns, therein, but without releasing the lessee or the
lessee's executors, administrators or assigns from liability in respect of the
breach or non-observance of any such covenant, condition, or stipulation.
(2)
This section applies to every lease under the Real Property Act 1900 , and
section seventy-nine of that Act is hereby repealed.
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