Victorian Current Acts Victorian Current Acts(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.
S. 144(2) amended by Nos 97/1987 s. 181(11)(a), 74/2000 s. 3(Sch. 1 item 104).
(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 .
No. 3754 s. 145.