119Powers of lessor

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.