Victorian Current Acts

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Covenants to be implied in leases

    (1)     In every instrument of lease under this Division there shall be implied the following covenants and powers—

        (a)     that the lessee will pay the rent reserved by the lease at the times therein mentioned and all rates and taxes which may be payable in respect of the leased property during the continuance of the lease, except in so far as the same are or shall be payable exclusively by the owner of the property under any Act now or hereafter in force relating to local government;

        (b)     that the lessee will keep and yield up the leased property in good and tenantable repair, accidents and damage from storm and tempest and reasonable wear and tear excepted;

        (c)     that the lessor may with or without surveyors workmen or others once in every year during the term at a reasonable time of the day enter upon the leased property and view the state of repair thereof;

        (d)     that if the rent or any part thereof is in arrear for the space of one month, although no legal or formal demand has been made for payment thereof, or in case of any breach or non-observance of any of the covenants expressed in the lease or by this Act declared to be implied therein on the part of the lessee and such breach or non-observance continuing for the space of one month, it shall be lawful for the lessor to re-enter upon and take possession of the leased property [4] .

    (2)     In every transfer of a registered lease (including a Crown lease) there shall be implied a covenant with the transferor by the transferee binding him thenceforth to pay the rent by the lease reserved, and perform and observe all the covenants contained in the lease or by this Act declared to be implied in the lease and on the part of the lessee to be performed and observed, and to indemnify the transferor against all actions suits claims and expenses in respect of the non-payment of such rent or the breach or non-observance of such covenants or any of them.

S. 67A inserted by No. 39/2006 s. 5.

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