123Provisions as to covenants to repair

123 Provisions as to covenants to repair (1) Subject to subsection (2), damages for breach of a covenant, obligation or agreement, whether express or implied or general or specific, to: (a) keep or put premises in good repair during the currency of a lease; or (b) leave or put premises in good repair at the termination of a lease, are not to exceed the amount (if any) by which the value of the reversion (whether immediate or not) in the premises is diminished owing to the breach of the covenant, obligation or agreement. (2) Damages are not recoverable for a breach of a covenant, obligation or agreement to leave or put premises in good repair at the termination of a lease if it is shown that at or shortly after the termination of the lease: (a) the premises, in whatever state of repair they might be, would be or have been pulled down; or (b) structural alterations would be or have been made to the premises that would render valueless the repairs covered by the covenant, obligation or agreement.

Law of Property Act 2000 81 (3) A right of re-entry or forfeiture for a breach of a covenant, obligation or agreement referred to in subsection (1) or (2) is not enforceable unless the lessor proves that: (a) a notice has been served on the lessee in accordance with section 137 and the service of the notice was known at the time of or shortly after the service of the notice by: (i) the lessee; (ii) an under-lessee holding under an under-lease which reserved a nominal reversion only to the lessee; or (iii) the person who last paid the rent due under the lease either on the person's own behalf or as agent for the lessee or under-lessee; and (b) a period of time reasonably sufficient to enable the execution of the repairs has lapsed from the time when the fact of the service of the notice became known to the lessee, under- lessee or person and the exercise of the right of re-entry or forfeiture. (4) If a notice referred to in subsection (3)(a) is sent by post in a registered letter addressed to a person at the person's last known place of residence in or out of the Territory and the letter is not returned through the post office undelivered, the person is, for the purposes of that provision, unless the contrary is proven, to be taken to have had knowledge of the fact that the notice had been served from the time when the letter would have been delivered in the ordinary course of post. (5) This section applies to leases whether created before or after the