Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A lease not being
a lease registered under the Transfer of Land Act 1893 , may be
surrendered with a view to the acceptance of a new lease in place thereof,
without a surrender of any under-lease derived out of the lease so
surrendered.
(2) A new lease may be
granted and accepted, in place of a lease so surrendered, without a surrender
of an under-lease as provided in subsection (1), and the new lease
operates as if all under-leases derived out of the surrendered lease had been
surrendered before the surrender of that lease was affected.
(3) The lessee under
the new lease and any person deriving title under him is entitled to the same
rights and remedies in respect of the rent reserved by and the covenants,
agreements and conditions contained in any under-lease as if the original
lease had not been surrendered but was or remained vested in him.
(4) Each under-lessee
and any person deriving title under him is entitled to hold and enjoy the land
comprised in his under-lease (subject to the payment of any rent reserved by
and to the observance of the covenants, agreements and conditions contained in
the under-lease) as if the lease out of which the under-lease was derived had
not been surrendered.
(5) The lessor
granting the new lease and any person deriving title under him is entitled to
the same remedies by entry in and upon the land comprised in any such
under-lease for rent reserved by or for breach of any covenant, agreement or
conditions contained in the new lease (so far only as the rents reserved by or
the covenants, agreements or conditions contained in the new lease do not
exceed or impose greater burdens than those reserved by or contained in the
original lease out of which the under-lease is derived) as he would have
had —
(a) if
the original lease had remained on foot; or
(b) if a
new under-lease derived out of the new lease had been granted to the
under-lessee or a person deriving title under him,
as the case may
require.
(6) This section does
not affect the powers of the Court to give relief against forfeiture.
[Heading inserted by No. 35 of 1973
s. 3.]