15Restrictions on and relief against forfeiture of leases

### 15 Restrictions on and relief against forfeiture of leases > *\[Section 15 Subsection (6) amended by No. 68 of 1994, s. 3 and Sched. 1 \]* > > > (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 a reasonable time thereafter, to remedy the breach, if it is capable of remedy, and to make reasonable compensation in money, 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, the lessee may, in the lessor's action, if any, or in any action brought by himself, apply to the Court for relief; and the Court may grant or refuse relief as 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, 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 the purposes 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 executors, administrators, and assigns of a lessee, also a grantee under such a grant as aforesaid, his successors and assigns, and a ***lessor*** includes an original or derivative under-lessor, and the executors, administrators, and assigns of a lessor, also a grantor as aforesaid, and his successors 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. > > > (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)  [*\[Section 15 Subsection (6) amended by No. 24 of 2004, s. 29, Applied:01 Jan 2005\]*](/view/html/inforce/2005-01-01/act-2004-024#GS29@EN) *\[Section 15 Subsection (6) amended by No. 47 of 1958, s. 2 \]*This section does not extend 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, or, in the case of a lease of any premises in respect of which an hotel licence or public-house licence is in force under the [Liquor Licensing Act 1990](/view/html/inforce/2026-04-12/act-1990-044) , to a covenant not to do or omit any act or thing whereby the licence may be forfeited or the premises delicensed. > > > (7)  This section shall not affect the law relating to re-entry or forfeiture or relief in case of non-payment of rent. > > > (8)  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.