ACTIn ForceAct
Land Titles Act 1925
120Powers in lessor
Start here
Get a plain-English read of 120
Turn the raw legal text into a practical explanation grounded in Land Titles Act 1925.
120 Powers in lessor
(1) In every memorandum of lease there shall be implied the following
powers in the lessor:
(a) that the lessor may by himself or herself or his or her agents,
twice in every year during the term at a reasonable time of the
day upon giving to the lessee 2 days previous notice, enter upon
the leased premises and view the state of repair thereof, and may
serve upon the lessee or leave at his or her last or usual place of
abode in the ACT or upon the premises, a notice in writing of
any defect, requiring him or her within a reasonable time, to
repair the premises in accordance with any covenant expressed
or implied in the lease;
(b) that in default of the lessee repairing any defect according to
notice the lessor may from time to time enter the premises and
execute the required repairs;
(c) that the lessor may, by himself or herself or his or her agents, at
all reasonable times during the term, with workers and others
and all necessary materials and appliances, enter upon the
premises or any part thereof, for the purpose of complying with
the terms of any present or future legislation affecting the
premises, and of any notices served upon the lessor or lessee by
any competent authority involving the destruction of a pest, or
the carrying out of any repairs, alterations or works of a
structural character, which the lessee is not bound, or, if bound,
neglects to do, and also for the purpose of exercising the powers
and authorities of the lessor under the lease:
Provided that the destruction, repairs, alterations and works shall
be carried out by the lessor without undue interference with the
occupation and use of the premises by the lessee;
(d) that in case the rent or any part thereof is in arrear for the space
of 1 month (although no formal demand therefor has been
made), or in case default is made in the fulfilment of any
covenant, condition or stipulation, whether expressed or implied
in the lease, and on the part of the lessee to be performed or
observed, and the default is continued for the space of 2 months,
or in case the repairs required by a notice served or left in
pursuance of paragraph (a), are not completed within the time
therein specified, the lessor may re-enter upon the premises (or
any part thereof in the name of the whole) and thereby determine
the estate of the lessee therein, but without releasing the lessee
from liability in respect of the breach or nonobservance of any
such covenant, condition or stipulation.
(2) This section does not apply to a land sublease.
pest—see the Biosecurity Act 2023, section 11.