Part 11Leases and surrenders

Part 11—Leases and surrenders 116—Leasing of land When any land is intended to be leased for a life or lives, or for any term of years exceeding one year, the registered proprietor and the prospective lessee shall, or for any less term may, execute a lease in the appropriate form. 117—Contents of lease Every such lease shall, for description of the land intended to be dealt with, refer to the certificate of the land, or shall give such other description as may be necessary to identify the land, and a right for or covenant by the lessee to purchase the land therein described may be stipulated in such lease, and shall be binding. 118—Leases not to bind non-consenting mortgagees or encumbrancees No lease of mortgaged or encumbered land shall be valid and binding against any mortgagee or encumbrancee of the land unless such mortgagee or encumbrancee shall have consented in writing to such lease prior to the same being registered. 119—Lease for 1 year need not be registered Every registered or recorded instrument is subject to any prior unregistered lease or any agreement for lease or for letting for a term not exceeding 1 year to a tenant in actual possession thereunder: Provided that no right or covenant to purchase the freehold contained in any such unregistered lease or agreement, nor any right or covenant for renewal of such lease or agreement, will be valid as against any subsequent purchaser of the reversion, lessee, mortgagee, or encumbrancee, unless such lease or agreement be registered or protected by caveat. 119A—Standard terms and conditions of lease (1) A person may deposit with the Registrar-General for filing in the Lands Titles Registration Office a document containing terms and conditions for incorporation as standard terms and conditions in leases under this section. (2) A lease may provide that standard terms and conditions, as contained in a document deposited with the Registrar-General under subsection (1)— (a) are incorporated in the lease; or (b) are incorporated in the lease subject to exclusions or amendments specified in the lease, and, in that event, the lease has effect as if those terms and conditions were (subject to any exclusions or amendment specified in the lease) contained in the lease. (3) Where a lease makes provision for incorporation of standard terms and conditions (either with or without exclusions or amendments), the lessor must, before execution of the lease by the lessee, provide the lessee with a copy of the standard terms and conditions. Maximum penalty: $500. (4) Non-compliance with subsection (3) does not affect the validity or effect of a lease. 120—Lease may be surrendered by separate instrument (1) A registered lease may be surrendered by instrument in the appropriate form, executed by the lessee and lessor. (2) On registering an instrument under subsection (1), the Registrar‑General must enter a memorial of the surrender in the Register Book. 121—Registrar‑General may record surrender If a lessee has given written notice to the lessor, or the agent of the lessor, of his or her intention to give up possession of land comprised in a registered lease, the Registrar‑General may, on application by the lessor in the appropriate form, and on production of such evidence as the Registrar‑General may require that the lessee has abandoned the occupation of the land comprised in the lease, make a record in the Register Book, and the record will then operate as a surrender of the lease. 122—Effect of entry of surrender Upon every entry made in the Register Book, in pursuance of either of the two preceding sections, the estate or interest of the lessee in the land shall revest in the lessor. 123—Surrender where lease subject to mortgage or under-lease No lease mortgaged or encumbered, or of land mortgaged or encumbered, prior or subsequently to the registration of such lease, shall be so surrendered without the consent thereto in writing of the mortgagee or encumbrancee, and every surrender of a lease, whether by operation of law, by act of parties, or pursuant to the provisions hereinafter contained on bankruptcy or statutory assignment, shall be subject to any registered under-lease, or to any unregistered under-lease, or agreement for under‑lease or under‑letting for a term not exceeding one year to a tenant in actual possession thereunder. 124—Covenants to be implied in every lease against the lessee In every lease there shall be implied the following covenants by the lessee with the lessor, that is to say: (a) that he will pay the rent thereby reserved at the times therein mentioned, and all rates and taxes which may be payable in respect of the demised property, during the continuance of the lease; (b) that he will keep and yield up the demised property in good and tenantable repair, reasonable wear and tear excepted. 125—Powers to be implied in lessor In every lease there shall also be implied the following powers in the lessor, that is to say: (a) power to distrain according to law; (b) that he may, by himself or his agents, at all reasonable times, enter upon the demised property, and view the state of repair thereof, and may serve upon the lessee, or leave at his last or usual place of abode in the State, or upon the demised property, a notice in writing of any defect, requiring him within a reasonable time, to be therein prescribed, to repair the same; (c) that in case the rent, or any part thereof, shall be in arrear for the space of three months, although no demand shall have been made thereof, or in case default shall be made in the fulfilment of any covenant, whether expressed or implied in such lease, on the part of the lessee, and shall be continued for the space of three months, or in case the repairs required by such notice as aforesaid shall not have been completed within the time therein specified, it shall be lawful for the lessor to re-enter upon and take possession of the leased premises. 126—Registrar-General to note particulars of re-entry in Register Book The Registrar-General, upon proof to his satisfaction of re-entry by the lessor, in manner prescribed by the lease, or under the power in the third subsection of the last preceding section provided for, or of recovery of possession by a lessor, by any proceeding in law, shall note the same by entry in the Register Book, and the estate of the lessee in such land shall thereupon determine, but without releasing him from his liability in respect of the breach of any covenant in such lease expressed or implied.