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Law of Property Act 2000
119Powers of lessor
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119 Powers of lessor
(1) Unless otherwise agreed, there is in every lease of land made after
the commencement of this Act implied the following powers in the
lessor:
(a) that the lessor may, by the lessor or the lessor's agents,
during the term of the lease at a reasonable time of the day,
on giving to the lessee 2 days previous notice in writing of the
lessor's intention to do so, enter on the leased premises and
view the state of repair of the leased premises, and may serve
on the lessee, or leave at the lessee's last known place of
residence in the Territory or on the leased premises, a notice
in writing of a defect requiring the lessee, within a reasonable
time, to repair the defect in accordance with the covenants or
obligations expressed or implied in the lease;
(b) that, if the lessee fails to repair a defect in accordance with a
notice under paragraph (a), the lessor may enter the leased
premises and execute the required repair or repairs;
(c) that the lessor may, by the lessor or the lessor's agents, at all
reasonable times during the term of the lease, with
workpersons and others and all necessary materials and
appliances, enter the leased premises or a part of them for the
purpose of:
(i) complying with an Act or an instrument of a legislative or
administrative character affecting the premises, or a
notice served on the lessor or lessee by a licensing
body, a local government body or any other competent
authority, involving the removal or destruction of noxious
weeds or animals or the carrying out of repairs,
alterations or works of a structural character which the
lessee may not be bound, or if bound may fail, to do; or
(ii) exercising the powers and authorities of the lessor under
the lease;
(d) that, subject to section 137, if:
(i) the rent or a part of it is in arrears for not less than one
month (although no formal demand has been made for
its payment); or
(ii) default is made in the fulfilment of a covenant, obligation,
condition, or other term of the lease, expressed or
implied, to be performed or observed on the part of the
lessee, and continues for not less than 2 months, or the
repairs required by a notice under paragraph (a) are not
Law of Property Act 2000 79
completed within the time specified in the notice,
the lessor may re-enter the leased premises (or a part of the
premises in the name of the whole) and determine the estate
of the lessee in the premises.
(2) The removal or destruction of noxious weeds or animals or the
repairs, alterations, and works referred to in subsection (1)(c) are to
be carried out by the lessor without undue interference with the
occupation and use of the leased premises by the lessee.
(3) The operation of subsection (1)(d) does not exempt the lessee from
liability in respect of the breach or non-observance of a covenant,
obligation, condition or other term referred to in that paragraph.