Forfeiture of Leases Act of 1901 (NSW)

Act No. 66, 1901.

An Act for granting relief against forfeiture of

leases and for otherwise amending the law

as to property. [24/7/ December, 1901.]

TT)E it enacted by the King's Most Excellent Majesty, by and with j D the advice and consent of the Legislative Council and Legislat ive Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—

1. (1) A right of re-entry or forfeiture under any proviso or

stipulation in a lease for a breach of any covenant or condition in the lease shall not be enforceable by action or otherwise, unless and until the lessor serves on the lessee a notice specifying the particular breach complained of, and if the breach is capable of remedy, requiring the lessee to remedy the breach, and in any case requiring the lessee to make compensation in money for the breach, and the lessee fails within

enforce; such a right of re-entry or forfeiture, the lessee may in any suit brought by himself in the Supreme Court of New South Wales in its equitable jurisdiction apply to that Court for relief; and that Court

a reasonable time thereafter to remedy the breach, if it is capable of

remedy, and to make reasonable compensation in money to the satis­

faction of the lessor for the breach.

(2) Where a lessor is proceeding by action or otherwise to

Court may grant or refuse relief as that Court, having regard to the proceedings and conduct of the parties under the foregoing provisions of this section and to all the other circumstances, thinks fit; and in case of relief may grant it 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.

(3) For tfie purpose of this section a lease includes an

original or derivative under-lease, also a grant at a fee farm rent, or securing a rent by condition; and a lessee includes an original or derivative under-lessee, and the heirs, executors, administrators, and assigns of a lessee, also a grantee under such a grant as aforesaid, his heirs and assigns; and a lessor includes an original or derivative undcr-lessor, and the heirs, executors, administrators, and assigns of a lessor, also a grantor as aforesaid, and his heirs and assigns.

( 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.

(0) This section does not extend—

(a)	to any Crown lease or to any lease granted by an owner under section eleven of the Mining Laws Amendment Act, 1S9G, or to any lease or tenancy for a term of one year or less ; or
(b)	to a covenant or condition against the assigning, under-letting, parting with the possession or disposing of the land leased ; or to a condition for forfeiture on the bankruptcy of the

lessee, or on the taking in execution of the lessee's interest.

( 7 ) This section shall not affect the law relating to re-entry

oi- forfeiture or relief in case of non-payment of rent,

2. ( 1 ) The notice; mentioned in section one shall be in writing,

and in the form set out in the Schedule or to a similar effect.

(2) Such notice shall be sufficient, although only addressed

to the lessee by that designation, without his name, or generally to the persons interested, without any name, and notwithstanding that any person to be affected by the notice is absent, under disability, unborn, or unascertained.

(3) Such notice shall be sufficiently served if it is left at the

last-known place of abode or business in the Colony of the lessee, or affixed or left for him on the land or any house or building comprised in the lease, or, in the case of a mining lease, is left for the lessee at

the office or counting-house of the mine. (4)

( 4 ) Such notice shall also be sufficiently served if it is sent

by post in a registered letter addressed to the lessee by name, at the

aforesaid place of abode or business, office, or counting-house, and if that letter is not returned through the post-office undelivered ; and that service shall be deemed to be made at the time at which the registered letter would in the ordinary course be delivered.

(5) Such notice shall also be sufficiently served on any person

who is absent from the Colony if it is served personally on his attorney

or agent within the Colony.

3. There shall not after the commencement of this Act be held

or deemed to be any merger by operation of law only of any estate the beneficial interest in which would not be deemed to be merged or extinguished in equity.

4. This Act applies to leases made either before or after the

commencement of this Act, and to any merger by operation of law only arising before or after the commencement of this Act, and shall have effect notwithstanding any stipulation to the contrary.

5. The Judges of the Supreme Court, or any three of them,
may make general rules for regulating the times and form and mode

of procedure and the forms to be used in connection therewith, and generally the practice of the Court in respect of the several matters to which this Act relates.

6. This Act mav be cited as the " Forfeiture of Leases Act of

1 9 0 1 . "

SCHEDULE.

To

The lessee of [here describe premises with reasonable certainty, as for instance,

"No. 369, George-street, Sydney"].

Having reference to the lease of the abovementioncd premises, dated the

day of , 1 , from A.13. to CD., and the covenant by the lessee therein

contained [here state concisely	the nature	of the covenant	or covenants	breach of which	is
complained	of, as for	instance,	" to repair,"]	and the breach by you of that covenant I

hereby give you notice and require you to remedy that breach by [here set out the remedy

as, for instance, " by forthwith putting the said premises in repair by doine/ and executing

the repairs in and upon the said premises ivliich ere specified in the Schedule hereto

annexed"]. And I further require you to make reasonable compensation to my satisfaction for the breach alreadv committed, which compensation I assess at the sum of £

Dated the day of , 19 .

Lessor.

Act