Landlord and Tenant Act 1893 (SA)

ANNO QUINQUAGESIMO SEXTO ET QUINQUAGESIMO

SEP'I'IMO

A.D. 1893.

No. 580.

An Act to amend the Law of Landlord and Tenant.

[Asseded to, Decetnber 23r4 1893. ]

HEREAS it is expedient to amend the laws relating to rights Enacted by the Governor of the Province of' South Australia, with	Preamble.
W of renting as between landlord and tenant-Be it therefore
the advice and consent of the Legislative Council and House of Assembly of the said province, in this present Parliament assembled, as follows:

1, A right of rc-cntry or forfeiture under any proviso or stipula-	NO re-ontry till notice
to tenant to remedy

tion in a lease for a breach of any covenant or condition in the lease	breach.
shall not bc enforceable by action or otherwise, unlcss 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 a reasonable time thereafter to remedy the breach, if i t is capable of remedy, and to make reasonable compensation in money to the satisfaction of the lessor for the breach.
2, Where a lessor i u proceeding by action or otherwise to enforce such a right of re-entry or forfeiture the lessee may, on the lessor's	Court or Judge may
grant relief.

action (if any), or in any action brought by himself, apply to the Supreme Court or a Judge thcrcof for relief, and the Court or Judge may grant or refuse relief as such Court or Judge, having regard to the proceedings and conduct of the parties under the foregoing provisions and to all other circumstances, may think fit; and in case ,.

56" & 57' VICTORIE, No. 580. ...

-F.

The Lmdlord and Tenant Act.--1893.

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.

lease, &c. lease or a derivative under-lease, or a lease securing a rent by LOW i~ludesunder- 3. For the purposes of this Act a lease includes an original

condition, and a lessee includes an original lessee or derivate under-lessee, and the heirs, executors, ad&inist~ators, and assigns of a lessee, also a grantee under such a grant as aforesaid, his heirs and assigns; and a lessor includes an original lessor or derivative undcr-lessor, and his heirs, executors, administrators, and assigns, also a grantor as aforesaid, and his heirs and assigns.

Extension of Act to	4.. This Act applies, although the provision or stipulation under
directions of Act of

Parliament.

which the right of re-entry or forfeiture accrues is inserted in the

lease in pursuance of the directions of any Act of Parliament.

Leases on condition

5, For the purpose of this Act 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 i t could subsist, but determinable by a proviso for re-entry on such a breach.

within Act.

Application to

covenante against 6. This Act extends to ;z covenant or corditiou against the

assigning, &c.	assigning, under-letting, parting with the possession, or disposing of the land leased, when the consent of the lessor has been vexa- tiously or capriciously withheld.
Law regu~lating

forfeiture for not 7, This Act shall not apply to Crown leases nor affect the law

paying rent not relating to re-entry and forfeiture for non-payment of rent.

interfe~ed with.

Application of Act. 8, This Act applies to leases made either before or after thc

commencement of this Act, and shall have effect notwithstanding

any stipulation to the contrary.

I n the name and on behalf of Her Majesty, I hereby assent to

this Bill.

S. J. WAY, Lieutenant-G-overnor.

Adelaide : By authoritp, C. E. B~LISTOW, Government Printer, North-terrace,