119Covenants of lessees

119 Covenants of lessees (1) In every memorandum of lease there shall be implied the following covenants by the lessee with the lessor: (a) that the lessee will pay the rent thereby reserved at the time therein mentioned: Provided, however, that in case the leased premises or any part thereof are at any time during the continuance of the lease destroyed or damaged by fire, flood, lightning, storm or tempest so as to render the premises unfit for the occupation and use of the lessee, then and so often as the premises or any part thereof are so destroyed or damaged, the rent thereby reserved, or a proportionate part thereof, according to the nature and extent of

the damage sustained shall abate, and all or any remedies for recovery of the rent or such proportionate part thereof shall be suspended until the premises have been rebuilt or made fit for the occupation and use of the lessee, and in case of any dispute arising under this proviso the dispute shall be referred to arbitration under the laws in force in the ACT relating to arbitration; and (b) that the lessee will at all times during the continuance of the lease, keep and, at the termination thereof, yield up the premises in good and tenantable repair, having regard to their condition at the commencement of the lease, accidents and damage from fire, flood, lightning, storm and tempest, and reasonable wear and tear excepted. (2) This section does not apply to a land sublease.