sec.143Effect of assignment of lease by lessee to assignee

### sec.143 Effect of assignment of lease by lessee to assignee This section applies in relation to a lease of land if the lessee assigns the lease to another person (the assignee ). On and from the assignment, the assignee is— bound by each term of the lease to the extent the lessee was bound by the term immediately before the assignment; and entitled to the benefit of each term of the lease to the extent the lessee was entitled to the benefit of the term immediately before the assignment. Subsection (2) applies whether or not the term— touches and concerns the land the subject of the lease; or is express, implied or imposed by law. Subsection (2) does not apply in relation to a term of the lease to the extent— the lease expressly provides the term is personal; or the lease expressly excludes the operation of subsection (2) in relation to the term; or the lessee and the assignee expressly agree in writing that the benefit of the term remains with the lessee and either— the benefit of the term accrued to the lessee before the assignment; or the lessor consents to the benefit of the term remaining with the lessee. If a term of the lease restricts the use of the land, the reference to the assignee in subsections (2) and (4) also includes a reference to any person who is the occupier of the land to which the term relates. This section— applies despite the Land Title Act 1994 , section 62 ; and is subject to any agreement to the contrary; and does not limit or otherwise affect rights and liabilities that have accrued between the lessee and the lessor before the assignment. (sec.143-ssec.1) This section applies in relation to a lease of land if the lessee assigns the lease to another person (the assignee ). (sec.143-ssec.2) On and from the assignment, the assignee is— bound by each term of the lease to the extent the lessee was bound by the term immediately before the assignment; and entitled to the benefit of each term of the lease to the extent the lessee was entitled to the benefit of the term immediately before the assignment. (sec.143-ssec.3) Subsection (2) applies whether or not the term— touches and concerns the land the subject of the lease; or is express, implied or imposed by law. (sec.143-ssec.4) Subsection (2) does not apply in relation to a term of the lease to the extent— the lease expressly provides the term is personal; or the lease expressly excludes the operation of subsection (2) in relation to the term; or the lessee and the assignee expressly agree in writing that the benefit of the term remains with the lessee and either— the benefit of the term accrued to the lessee before the assignment; or the lessor consents to the benefit of the term remaining with the lessee. (sec.143-ssec.5) If a term of the lease restricts the use of the land, the reference to the assignee in subsections (2) and (4) also includes a reference to any person who is the occupier of the land to which the term relates. (sec.143-ssec.6) This section— applies despite the Land Title Act 1994 , section 62 ; and is subject to any agreement to the contrary; and does not limit or otherwise affect rights and liabilities that have accrued between the lessee and the lessor before the assignment. - (a) bound by each term of the lease to the extent the lessee was bound by the term immediately before the assignment; and - (b) entitled to the benefit of each term of the lease to the extent the lessee was entitled to the benefit of the term immediately before the assignment. - (a) touches and concerns the land the subject of the lease; or - (b) is express, implied or imposed by law. - (a) the lease expressly provides the term is personal; or - (b) the lease expressly excludes the operation of subsection (2) in relation to the term; or - (c) the lessee and the assignee expressly agree in writing that the benefit of the term remains with the lessee and either— (i) the benefit of the term accrued to the lessee before the assignment; or (ii) the lessor consents to the benefit of the term remaining with the lessee. - (i) the benefit of the term accrued to the lessee before the assignment; or - (ii) the lessor consents to the benefit of the term remaining with the lessee. - (i) the benefit of the term accrued to the lessee before the assignment; or - (ii) the lessor consents to the benefit of the term remaining with the lessee. - (a) applies despite the Land Title Act 1994 , section 62 ; and - (b) is subject to any agreement to the contrary; and - (c) does not limit or otherwise affect rights and liabilities that have accrued between the lessee and the lessor before the assignment.