Part 3Miscellaneous provisions

Part 3—Miscellaneous provisions 47—Effect of licences granted to lessees (1) Where a licence is granted to a lessee or his assigns to do any act which without the licence would create a forfeiture, or give a right to re-enter, the licence, unless otherwise expressed, shall extend only— (a) to the permission actually given; or (b) to the specific breach of any proviso or covenant made or to be made; or (c) to the actual assignment under lease or other matter specifically authorised by the licence to be done, and the licence shall not prevent any proceeding for any subsequent breach unless otherwise specified in the licence. (2) Notwithstanding any such licence— (a) all rights under covenants and powers of re-entry contained in the lease shall remain in full force, and be available as against any subsequent breach of covenant, or condition or assignment under lease or other matter not specifically authorised or waived, in the same manner as if no licence had been granted; and (b) the condition or right of entry remains in force in all respects as if the licence had not been granted, save in respect of the particular matter authorised to be done. 48—Effect of restricted licence Where in any lease there is a power or condition of re-entry on the lessee assigning, subletting, or doing any other specified act without a licence, and a licence is granted— (a) to one of two or more lessees or co-owners to do any act; or (b) to any lessee or owner, or to any one of two or more lessees or owners to assign or underlet part only of the property, or to do any act in respect of part only of the property; the licence does not operate to extinguish the right of entry in case of any breach of covenant or condition by any co-lessee or owner of any other share or interest in the property, or by any lessee or owner of the rest of the property (as the case may be), in respect of such shares or interests or remaining property, but the right of entry remains in force in respect of the shares, interests, or property not the subject of the licence. 49—Application of preceding sections The two preceding sections apply to licences granted after the first day of November, 1860, in respect of leases whether granted before or after that date. 50—Apportionment of conditions of re-entry in certain cases Where the reversion upon a lease is severed, and the rent or other reservation is legally apportioned, the assignee of each part of the reversion, shall, in respect of the apportioned rent or other reservation allotted or belonging to him have, and be entitled to the benefit of all conditions or powers of re-entry for non-payment of the original rent, or other reservation, in like manner as if such conditions or powers had been reserved to him as incident to his part of the reversion, in respect of the apportioned rent, or other reservation, allotted or belonging to him. 51—Protection of purchaser against forfeiture under covenant for insurance against fire in certain cases (1) Where on the bona fide purchase of a leasehold interest, under a lease containing a covenant on the part of the lessee to insure against loss or damage by fire, the purchaser is furnished with the written receipt of the person entitled to receive the rent, or his agent, for the last payment of rent accrued due before the completion of the purchase, and there is subsisting at the time of the completion of the purchase an insurance in conformity with the covenant, the purchaser or any person claiming under him shall not be subject to any liability by way of forfeiture or damages, or otherwise, in respect of any breach of the covenant committed at any time before the completion of the purchase of which the purchaser had not notice before the completion of the purchase: but this provision is not to take away any remedy which the lessor or his legal representatives may have against the lessee or his legal representatives for breach of covenant. (2) This section applies to all purchases made after the first day of November, 1860. 52—Preceding provisions to apply to leases for a term of years absolute etc The preceding sections of this Part shall be applicable to leases for a term of years absolute or determinable on a life or lives or otherwise, and also to a lease for the life of the lessee, or the life or lives of any person or persons. 53—When the reversion on a lease is gone, the next estate to be deemed the reversion When the reversion expectant on a lease of any land is surrendered or merges, the estate which for the time being confers as against the tenant under that lease the next vested right to the land shall, to the extent necessary for the purpose of preserving those incidents to and obligations on the reversion, which but for the surrender or merger thereof would have subsisted, be deemed the reversion expectant on the lease. Part 4—Commercial tenancy agreements