141Relief against notice to effect decorative repairs

141 Relief against notice to effect decorative repairs (1) If a notice is served on a lessee relating to the internal decorative repairs to a structure, the lessee may apply to the Court for relief. (2) If a lessee makes an application to the Court under subsection (1) and the Court is, having regard to all the circumstances of the case (including in particular the length of the lessee's term or interest remaining unexpired), satisfied that the notice is unreasonable, the Court may, by order, wholly or partially relieve the lessee from liability for the repairs. Law of Property Act 2000 95 (3) This section does not apply: (a) if the liability arises under an express covenant or agreement to put the property in a decorative state of repair and the covenant or agreement has never been performed; (b) to any matter necessary or proper: (i) for putting or keeping the property in a sanitary condition; or (ii) for the maintenance or preservation of the structure; (c) to any statutory liability to keep a structure reasonably fit for human habitation; or (d) to a covenant or term of a lease to yield up the structure in a specified state of repair at the end of the term. (a) applies whether the notice referred to in subsection (1) is served before or after the commencement of this Act; and (b) has effect despite any term of the lease to the contrary. (5) The rights and powers conferred by this section are in addition to and not in derogation of any right to relief or any power to grant relief under any other law in force in the Territory.