Division 1A Application of Part
116 Application of Part 8 to land under Real Property Act
The provisions of this Part shall apply to leases and sub-leases of land under the provisions of the Real Property Act 1900, notwithstanding anything in that Act contained.
117 Rent and benefit of lessees’ covenants to run with reversion
(1) Rent reserved by a lease and the benefit of every covenant or provision therein contained 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 therein 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 shall be 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 any part as the case may require of the land leased.This subsection extends to a covenant to do some act relating to the land, notwithstanding that the subject-matter may not be in existence when the covenant is made.
(2) The benefit of every condition of re-entry or forfeiture for a breach of any covenant or condition contained in a lease shall be capable of being enforced and taken advantage of by the person from time to time entitled, subject to the term, to the income of the whole or any part, as the case may require, of the land leased, although that person became, by conveyance or otherwise, so entitled after the condition of re-entry or forfeiture had become enforceable.(3) This section shall not render enforceable any condition of re-entry or other condition waived or released before the person became entitled as aforesaid.(4) This section applies to:(a) leases made after the commencement of this Act, and(b) leases made before the commencement of this Act, but with respect only to rent accruing due after the commencement of this Act and to the benefit of a condition of re-entry or forfeiture for a breach committed after the commencement of this Act of any covenant, condition, or provision contained in the lease.
118 Obligation of lessors’ covenants to run with reversion
(1) The obligation of a covenant entered into by a lessor with reference to the subject-matter of the lease shall, if and as far as the lessor has power to bind the reversionary estate immediately expectant on the term granted by the lease, be annexed and incident to, and shall go with that reversionary estate, or the several parts thereof, notwithstanding severance of that reversionary estate, and may be taken advantage of and enforced by the person in whom the term is from time to time vested by conveyance, devolution in law, or otherwise, and if and as far as the lessor has power to bind the person from time to time entitled to that reversionary estate, the obligation aforesaid may be taken advantage of and enforced against any person so entitled.(2) This section applies to:(a) leases made after the commencement of this Act, and(b) leases made before the commencement of this Act so far only as relates to breaches of covenant committed after the commencement of this Act.
119 Apportionment of conditions on severance etc
(1) Notwithstanding the severance by conveyance, surrender, or otherwise of the reversionary estate in any land comprised in a lease, and notwithstanding the avoidance or cesser in any other manner of the term granted by a lease as to part only of the land comprised therein, every condition or right of re-entry, and every other condition contained in the lease, shall be apportioned and shall remain annexed to the severed parts of the reversionary estate as severed, and shall be in force with respect to the term whereon each severed part is reversionary, or the term in any land which has not been surrendered or as to which the term has not been avoided, or has not otherwise ceased, in like manner as if the land comprised in each severed part, or the land as to which the term remains subsisting, as the case may be, had alone originally been comprised in the lease.(2) This section applies to:(a) leases made after the commencement of this Act, and(b) leases made before the commencement of this Act where the reversionary estate in the lands comprised therein is severed or there is an avoidance or cesser of the term as above mentioned after the commencement of this Act.
120 Restriction of effect of waiver
Where any actual waiver of the benefit of any covenant or condition in any lease on the part of any lessor or the lessor’s heirs, executors, administrators, or assigns is proved to have taken place in any one particular instance, such actual waiver shall not be assumed, or deemed to extend to any instance or any breach of covenant or condition other than that to which such waiver specially relates, nor to be a general waiver of the benefit of any such covenant or condition unless an intention to that effect appears.
120A Abolition of interesse termini and as to reversionary leases
(1) The doctrine of interesse termini is hereby abolished.(2) As from the commencement of the Conveyancing (Amendment) Act 1930 all terms of years shall, whether the interest is created before or after such commencement be capable of taking effect at law or in equity, according to the estate, interest, or powers of the grantor, from the date fixed for the commencement of the term, without actual entry.(3) A term, at a rent or granted in consideration of a fine, limited after the commencement of the Conveyancing (Amendment) Act 1930 to take effect more than twenty-one years from the date of the instrument purporting to create it, shall be void, and any contract made after such commencement to create such a term shall likewise be void.(4) Nothing in subsections (1) and (2) shall prejudicially affect the right of any person to recover any rent or to enforce or take advantage of any covenants or conditions, or, as respects terms or interests created before the commencement of the Conveyancing (Amendment) Act 1930, shall operate to vary any statutory or other obligations imposed in respect of such terms or interests.(5) Nothing in this Act affects the rule of law that a legal term, whether or not being a mortgage term, may be created to take effect in reversion expectant on a longer term, which rule is hereby confirmed.(6) In this section term of years includes a term for less than a year, or for a year or years and a fraction of a year or from year to year.
121 Chief leases may be renewed without surrendering under-leases
(1) In case any lease is duly surrendered in order to be renewed, and a new lease made and executed by the chief landlord, such new lease shall without a surrender of all or any of the under-leases, be as good and valid to all intents and purposes as if all the under-leases derived thereout had been likewise surrendered at or before the taking of such new lease.(2) Every person in whom any estate for life, or lives, or for years, is from time to time vested by virtue of such new lease and the person’s executors and administrators shall be entitled to the rents, covenants, and duties, and have like remedy for the recovery thereof, and the under-lessees shall hold and enjoy the lands in the respective under-leases comprised, as if the original leases out of which the respective under-leases are derived had been still kept on foot and continued.(3) The chief landlord shall be entitled to the same remedy by distress or entry in and upon the lands comprised in any such under-lease for the rents and duties reserved by such new lease (so far as the same do not exceed the rents and duties reserved in the lease out of which such under-lease was derived) as the chief landlord would have had in case such former lease had been still continued or as the chief landlord would have had in case the respective under-leases had been renewed under such new principal lease.(4) Section six of the Imperial Act Four George the Second, chapter twenty-eight, is hereby repealed so far as the same applies to New South Wales.
122 When reversion on a lease is surrendered etc the next estate to be deemed the reversion
When the reversion expectant on a lease of land made either before or after the commencement of this Act is surrendered or merges after the commencement of this Act, the estate which for the time being confers as against the tenant under the lease the next vested right to the land, shall, to the extent and for the purpose of preserving such incidents to, and obligations on, the reversion as, but for the surrender or merger thereof, would have subsisted, be deemed the reversion expectant on the lease.
123 Restriction on effect of licence to alien etc
Where any licence to do any act which without such licence would create a forfeiture or give a right to re-enter under a condition or power reserved in any lease is given to any lessee or the lessee’s assigns, every such licence shall, unless otherwise expressed, extend only to the permission actually given or to any specific breach of any proviso or covenant made, or to be made, or to the actual assignment under-lease or other matter thereby specifically authorised to be done, but not so as to prevent any proceeding for any subsequent breach (unless otherwise specified in such licence), and all rights under covenants and powers of forfeiture and re-entry in the lease contained shall remain in full force and shall be available as against any subsequent breach of covenant or condition assignment under-lease or other matter not specifically authorised or made dispunishable by such licence in the same manner as if no such licence had been given, and the condition or right of re-entry shall be and remain in all respects as if such licence had not been given except in respect of the particular matter authorised to be done.
124 Restricted operation of partial licences
Where in any lease there is a power or condition of re-entry on assigning, or under-letting, or doing any other specified act without licence, and a licence is given to one of several lessees or co-owners to assign or under-let the lessee or co-owner’s share or interest, or to do any other act prohibited to be done without licence, or is given to any lessee or owner, or any one of several lessees or owners, to assign or under-let part only of the property or to do any other such act as aforesaid in respect of part only of such property, such licence shall not operate to destroy or extinguish the right of re-entry in case of any breach of the covenant or condition by co-lessees or owners of the other shares or interests in the property, or by the lessee or owner of the rest of the property, as the case may be, over or in respect of such shares or interests or remaining property, but such right of re-entry shall remain in full force over or in respect of the shares or interests or property not the subject of such licence.
(1) Upon a conveyance of the reversion or remainder expectant or depending upon a lease of any land no attornment by the lessee under the lease shall be necessary.(2) No lessee shall be prejudiced or damaged by payment of any rent to any grantor, transferror, or assignor of any reversion, or by breach thereby occasioned of any condition for non-payment of rent, before notice is given to the lessee of such grant, transfer, or assignment by the grantee, transferee, or assignee.(3) An attornment by a lessee of land to a stranger claiming title to the estate of the lessor shall be void unless the same is made with the consent of the lessor.(4) Sections nine and ten of the Imperial Act Four Anne, chapter sixteen (or chapter three), and section eleven of the Imperial Act Eleven, George the Second, chapter nineteen, are hereby repealed, so far as the same apply to New South Wales.
126 Contract for lease not part of title to lease
(1) Where a lease is made under a power contained in any instrument, any preliminary contract for, or relating to the lease shall not, for the purpose of the deduction of title to an intended assign, form part of the title or evidence of the title to the lease.(2) This section applies to leases made either before or after the commencement of this Act.
127 Tenancy from year to year not to be implied
(1) No tenancy from year to year shall, after the commencement of this Act, be implied by payment of rent; if there is a tenancy, and no agreement as to its duration, then such tenancy shall be deemed to be a tenancy determinable at the will of either of the parties by one month’s notice in writing expiring at any time.(2) This section shall not apply where there is a tenancy from year to year which has arisen by implication before the commencement of this Act:Provided that in the case of any such tenancy in respect of which the date of its creation is unknown to the lessor or the lessee, as the case may be, who is seeking to determine the same, such tenancy shall, subject to any express agreement to the contrary, be determinable by six months’ notice in writing expiring on the thirtieth day of June, one thousand nine hundred and twenty-one, or any date thereafter.
For the purposes of this Division and Divisions 3 and 4:Lease includes an original or derivative under-lease, also a grant at a fee farm rent, or securing a rent by condition, and an agreement for a lease where the lessee has become entitled to have his or her lease granted.
Lessee includes an original or derivative under-lessee, a grantee under such a grant as aforesaid, his or her executors, administrators, and assigns, a person entitled under an agreement as aforesaid, and the executors, administrators, and assigns of a lessee.
Lessor includes an original or derivative under-lessor, a grantor as aforesaid, a person bound to grant a lease under an agreement as aforesaid, and the executors, administrators, and assigns of a lessor.
Under-lease includes an agreement for an under-lease where the under-lessee has become entitled to have his or her under-lease granted.
Under-lessee includes any person deriving title through or from an under-lessee.
129 Restrictions on and relief against forfeiture of lease
(1) A right of re-entry or forfeiture under any proviso or stipulation in a lease, for a breach of any covenant, condition, or agreement (express or implied) in the lease, shall not be enforceable by action or otherwise unless and until the lessor serves on the lessee a notice:(a) specifying the particular breach complained of, and(b) if the breach is capable of remedy, requiring the lessee to remedy the breach, and(c) in case the lessor claims compensation in money for the breach, requiring the lessee to pay the same,and the lessee fails within a reasonable time thereafter to remedy the breach, if it is capable of remedy, and where compensation in money is required to pay reasonable compensation to the satisfaction of the lessor for the breach.(2) Where a lessor is proceeding by action or otherwise to enforce such a right of re-entry or forfeiture, or has re-entered without action the lessee may personally bring a suit and apply to the Court for relief; and the Court, having regard to the proceedings and conduct of the parties under the foregoing provisions of this section, and to all the other circumstances, may grant or refuse relief, as it thinks fit; and in case of relief may grant the same on such terms (if any) as to costs, expenses, damages, compensation, penalty or otherwise, including the granting of an injunction to restrain any like breach in the future, as the Court in the circumstances of each case thinks fit.(2A) If such right of re-entry or forfeiture arises under a lease for a term of ten years or upwards by reason of a breach of a covenant by the lessee that the lessee will not make alterations in the demised premises without the consent of the lessor, and if it shall be proved to the satisfaction of the Court that the alterations made or proposed to be made have been or may be made without substantial injury to the lessor the Court may grant relief on such terms as the Court may think proper.(3) The provisions of subsection (1) shall not extend to a covenant or condition or agreement against doing, committing, or suffering anything whereby or by means whereof either alone or with other circumstances any licence under the Liquor Act 1982 is or may be endangered, or is or may be liable to lapse or be suspended, cancelled or refused.(4) This section applies although the proviso or stipulation under which the right of re-entry or forfeiture accrues is inserted in the lease in pursuance of the directions of any Act of Parliament.(5) For the purposes of this section a lease limited to continue as long only as the lessee abstains from committing a breach of covenant shall be and take effect as a lease to continue for any longer term for which it could subsist, but determinable by a proviso for re-entry on such a breach.(6) This section does not extend:(a) to any Crown lease or to any lease granted by an owner under section 69 of the Mining Act 1906, or to any lease or tenancy for a term of one year or less, or(b) to a covenant, condition, or agreement against the assigning, under-letting, parting with the possession or disposing of the land leased where the breach occurred before the commencement of the Conveyancing (Amendment) Act 1930, or(c) to a condition for forfeiture on the taking in execution of the lessee’s interest in any lease of:(i) agricultural or pastoral land,(ii) mines or minerals,(iii) a house used or intended to be used as licensed premises under the Liquor Act 1982,(iv) a house let as a dwelling-house, with the use of any furniture, books, works of art, or other chattels not being in the nature of fixtures,(v) any property with respect to which the personal qualifications of the tenant are of importance for the preservation of the value or character of the property, or on the ground of neighbourhood to the lessor or to any person holding under the lessor,(d) in case of a mining lease to a covenant, condition, or agreement for allowing the lessor to have access to or inspect books, accounts, records, weighing-machines, or other things, or to enter or inspect the mine or the workings thereof,(e) to a condition for forfeiture on the taking in execution of the lessee’s interest in any lease (other than a lease mentioned in paragraph (c)) after the expiration of one year from the date of the taking in execution, provided the lessee’s interest be not sold within such one year: But if the lessee’s interest be sold within such one year this section shall extend and be applicable to such condition for forfeiture.(7) (Repealed)(8) This section shall not affect the law relating to re-entry or forfeiture or relief in case of non-payment of rent.(9) The notice mentioned in this section shall be in the form set out in the Sixth Schedule or to a similar effect.(10) This section applies to leases made either before or after the commencement of this Act, and shall have effect notwithstanding any stipulation to the contrary.
130 Power of court to protect under-lessee on forfeiture of superior leases
(1) Where a lessor is proceeding, by action or otherwise, to enforce a right of re-entry or forfeiture, under any covenant, proviso, or stipulation in a lease made either before or after the commencement of this Act or for non-payment of rent, the Court may, on application by any person claiming as under-lessee any estate or interest in the property comprised in the lease, or any part thereof, make an order staying any such action or other proceeding on such terms as to the Court may seem just, and vesting, for the whole term of the lease, or any less term, the property comprised in the lease, or any part thereof, in any person entitled as under-lessee to any estate or interest in such property, upon such conditions as to execution of any deed or other document, payment of proper and reasonable rent, costs, expenses, damages, compensation, giving security, or otherwise as the Court in the circumstances of each case, and having regard to the consent or otherwise of the lessor to the creation of the estate or interest claimed by the under-lessee, thinks fit; but in no case shall any such under-lessee be entitled to require a lease to be granted to him or her for a larger area of land or for any longer term than he or she had under his or her original under-lease.(2) Any such order may be made in proceedings brought for the purpose by the person claiming as under-lessee or, where the proceedings brought by the lessor are in the Court, may be made in the latter proceedings.
A lessor shall be entitled to recover as a debt due to him or her from a lessee, and in addition to damages (if any), all reasonable costs and expenses properly incurred by the lessor in the employment of a solicitor, registered land surveyor (within the meaning of the Surveying Act 2002) or registered valuer (within the meaning of the Valuers Act 2003), or otherwise, in reference to any breach giving rise to a right of re-entry or forfeiture which, at the request of the lessee, is waived by the lessor, or from which the lessee is relieved, under the provisions of this Act.The lessor shall be so entitled to recover whether the lessee has or has not rendered forfeiture unenforceable against him or her under section 129 (1).
132 No fine for a licence to assign
In all leases containing a covenant, condition, or agreement that the lessee shall not, without the licence or consent of the lessor, assign, underlet, part with the possession, or dispose of the demised premises or any part thereof, 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 no fine or sum of money in the nature of a fine shall, after the commencement of this Act, 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 expenses incurred in relation to such licence or consent.
133 Involuntary assignment no breach of covenant against assignment etc
Neither the assignment nor the underletting of any leasehold by The Official Receiver in Bankruptcy or the trustee of the estate of a bankrupt, or by the liquidator of a company (other than a liquidator in a voluntary winding-up of a solvent company), nor the sale of any leasehold under an execution, nor the bequest of a leasehold, shall be deemed to be a breach of a covenant, condition, or agreement against the assigning, underletting, parting with the possession, or disposing of the land leased.
Division 3 Special provisions as to certain covenants
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.
133B Covenants against assigning etc
(1) In all leases whether made before or after the commencement of the Conveyancing (Amendment) Act 1930 containing a covenant, condition, or agreement against assigning, underletting, charging, or parting with the possession of demised premises or any part thereof without licence or consent, such covenant, condition, or agreement shall, notwithstanding any express provision to the contrary, be deemed to be subject:(a) to a proviso to the effect that such licence or consent is not to be unreasonably withheld, but this proviso does not preclude the right of the lessor to require payment of a reasonable sum in respect of any legal or other expenses incurred in connection with such licence or consent, and(b) (if the lease is for more than forty years and is made in consideration wholly or partially of the erection, or the substantial improvement, addition, or alteration of buildings) to a proviso to the effect that in the case of any assignment, under-letting, charging, or parting with the possession (whether by the holders of the lease or any under-lessee whether immediate or not) effected more than seven years before the end of the term no consent or licence shall be required, if notice in writing of the transaction is given to the lessor within six months after the transaction is effected.(2) In all leases whether made before or after the commencement of the Conveyancing (Amendment) Act 1930 containing a covenant, condition, or agreement against the making of improvements without licence or consent, such covenant, condition, or agreement shall be deemed, notwithstanding any express provision to the contrary, to be subject to the proviso that such licence or consent is not to be unreasonably withheld; but this proviso does not preclude the right to require as a condition of such licence or consent the payment of a reasonable sum in respect of any damage to or diminution in the value of the premises or any neighbouring premises belonging to the lessor, and of any legal or other expenses properly incurred in connection with such licence or consent nor, in the case of an improvement which does not add to the letting value of the holding, does it preclude the right to require as a condition of such licence or consent, where such a requirement would be reasonable, an undertaking on the part of the lessee to reinstate the premises in the condition in which they were before the improvement was executed.(3) In all leases whether made before or after the commencement of the Conveyancing (Amendment) Act 1930 containing a covenant, condition, or agreement against the alteration of the user of the demised premises, without licence or consent, such covenant, condition, or agreement shall, if the alteration does not involve any structural alteration of the premises, be deemed, notwithstanding any express provision to the contrary, to be subject to a proviso that no fine or sum of money in the nature of a fine, whether by way of increase of rent or otherwise, shall be payable for or in respect of such licence or consent; but this proviso does not preclude the right of the lessor to require payment of a reasonable sum in respect of any damage to or diminution in the value of the premises or any neighbouring premises belonging to the lessor and of any legal or other expenses incurred in connection with such licence or consent.Where a dispute as to the reasonableness of any such sum has been determined by a court of competent jurisdiction, the lessor shall be bound to grant the licence or consent on payment of the sum so determined to be reasonable.
(4) Paragraph (b) of subsection (1), and subsections (2) and (3), do not apply to mining leases.
In this Division:(a) a reference to an option contained in a lease is a reference to a right on the part of the lessee to require the lessor:(i) to sell, or offer to sell, to the lessee the reversion expectant on the lease, or(ii) to grant, or offer to grant, to the lessee a renewal or extension of the lease, or a further lease, of the demised premises or a part thereof,whether the right is conferred by the lease or by an agreement collateral to the lease, and(b) a reference to a breach by a lessee of the lessee’s obligations under a lease containing an option is a reference to a breach of those obligations by an act done or omitted to be done before or after the commencement of the Conveyancing (Amendment) Act 1972, in so far as the act or omission would constitute a breach of those obligations if there were no option contained in the lease.
(1) This Division applies to and in respect of leases granted before or after the commencement of the Conveyancing (Amendment) Act 1972 and options contained therein.(2) This Division has effect notwithstanding:(a) any stipulation to the contrary, and(b) the provisions of subsection (3) of section 53 of the Real Property Act 1900.
133E Breach of certain obligations not to preclude option except in certain circumstances
(1) This section applies to a lease that contains:(a) an option exercisable by the lessee, and(b) provision by which the lessee’s entitlement to the option is made to depend on performance by the lessee of any specified obligation, whether such performance is required before, or after, or before and after, the giving of any notice by which the option is exercised.(2) Despite any provision of the kind referred to in subsection (1) (b), no breach by the lessee of any relevant obligation precludes the lessee’s entitlement to the option unless:(a) the prescribed notice has been served on the lessee in respect of the breach, and(b) the lessee’s rights are extinguished in relation to the notice.(3) In subsection (2):breach of an obligation includes, where the obligation requires any thing to be done, any neglect or failure to do the thing concerned.
obligation includes any agreement, covenant, condition or stipulation by which the lessee is required to do or refrain from doing any thing.
prescribed notice means a notice in writing:
(a) specifying the lessee’s breach of the relevant obligation and served on the lessee:(i) within 14 days after the giving of a notice by which the option is exercised, if the breach occurred before the giving of that notice, or(ii) within 14 days after the breach, if the breach occurred after the giving of that notice, and(b) states that, subject to any order of the court under section 133F, the lessor proposes to treat the breach as precluding the lessee from entitlement to the option.(4) For the purposes of subsection (2) (b), the lessee’s rights are extinguished in relation to a prescribed notice:(a) if an order for relief against the effect of the breach in relation to the lessee’s entitlement to the option is not sought from the court within one month after service of the prescribed notice, or(b) if proceedings in which such relief is sought are disposed of, in so far as they relate to that relief, otherwise than by granting relief, or(c) if such relief is granted on terms to be complied with by the lessee before compliance by the lessor with the order granting relief, and the lessee fails to comply with those terms within the time stipulated by the court for the purpose.
133F Court may grant relief from breach of certain obligations
(1) Relief referred to in section 133E may be sought:(a) in proceedings instituted in the court for the purpose, or(b) in proceedings in the court in which:(i) the existence of an alleged breach by the lessee of the lessee’s obligations under the lease, or(ii) the effect of the breach from which relief is sought,is in issue.(2) The court may, in proceedings in which relief referred to in section 133E is sought:(a) make such orders (including orders affecting an assignee of the reversion) as it thinks fit for the purpose of granting the relief sought, or(b) refuse to grant the relief sought.(3) The court may, in proceedings referred to in subsection (2), take into consideration:(a) the nature of the breach complained of,(b) the extent to which, at the date of the institution of the proceedings, the lessor was prejudiced by the breach,(c) the conduct of the lessor and the lessee, including conduct after the giving of the prescribed notice referred to in section 133E (2),(d) the rights of persons other than the lessor and the lessee,(e) the operation of section 133G, and(f) any other circumstances considered by the court to be relevant.(4) The court:(a) may make an order under subsection (2) on such terms as to costs, damages, compensation or penalty, or on such other terms, as the court thinks fit, and(b) may make any consequential or ancillary order it considers necessary to give effect to an order made under that subsection.
133G Lease to continue in force until issue decided
(1) Except as otherwise provided by this section or by an order of the court, a lease that would otherwise expire during any of the following periods is continued in force by this subsection until the end of the period concerned:(a) a period of 14 days referred to in paragraph (a) of the definition of prescribed notice in section 133E (3),(b) a period of one month referred to in section 133E (4) (a),(c) the period commencing with the commencement of proceedings referred to in section 133E (4) (b) and ending at the time when:(i) those proceedings are disposed of in the manner referred to in that paragraph, or(ii) effect is given to orders made by the court in granting relief referred to in that paragraph, in so far as such orders affect the lessor or relate to an assurance by the lessee.(2) Paragraph (c) of subsection (1):(a) does not apply to or in respect of a lease that, but for that paragraph, would continue in force for a period longer than the period for which it is, by the operation of that paragraph, continued in force, and(b) does not, where a lessee fails to comply with terms imposed upon the lessee pursuant to paragraph (a) of subsection (4) of section 133F, operate to continue the lease in force beyond the time of that failure by the lessee.(3) Where, under subsection (1), a lease continues in force after the day on which, but for that subsection, it would expire:(a) the lease so continues in force subject to the provisions, stipulations, covenants, conditions and agreements in the lease (other than those relating to the term and the option contained in the lease) but without prejudice to any rights or remedies of the lessor or lessee in relation to the lease, and(b) the lessee, if the lease is of land under the provisions of the Real Property Act 1900 and the lessee is in possession of the demised premises, has the protection of paragraph (d) of section 42 of that Act as if the lease were a tenancy referred to in that paragraph.(4) Subject to subsection (5), where, pursuant to an option contained in a lease continued in force under subsection (1), the lease is renewed or a new lease is granted, the period during which the lease was so continued in force shall be deemed to be part of the term for which the lease was renewed or the new lease granted, and any lease granted pursuant to an exercise of the option shall be expressed to have commenced when the lease containing the option would, but for subsection (1), have expired.(5) Subsection (4) does not apply to or in respect of a lease that stipulates for the commencement of any lease granted pursuant to an exercise of the option contained therein on a day that is later than the day on which the lease so granted would, but for this subsection, commence under subsection (4).