Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to any
order of the Court and to this section —
(a)
where —
(i)
an option is contained in a lease;
(ii)
the lessee exercises, or purports to exercise, the
option; and
(iii)
the lease would, but for this paragraph, expire within
the period of 14 days after the exercise, or purported exercise, of the
option,
the lease shall be
deemed to continue in force until the expiration of that period;
(b)
where —
(i)
a prescribed notice is duly served on a lessee; and
(ii)
the lease in respect of which the notice is served would,
but for this paragraph, expire within the period of one month referred to in
section 83C(2)(a),
the lease shall be
deemed to continue in force until the expiration of that period; and
(c)
where, in relation to a lease continued in force under paragraph (b),
relief referred to in section 83C is sought by a lessee, the lease shall,
subject to subsections (2) and (3), be deemed to continue in force
until —
(i)
the proceedings in which the relief is sought are
disposed of, in so far as they relate to that relief, otherwise than by
granting the relief; or
(ii)
effect is given to orders made by the Court in granting
that relief in so far as they affect the lessor or relate to an assurance to
the lessee.
(2) Paragraph (c)
of subsection (1) —
(a) does
not apply to or in respect of a lease that, but for that paragraph, would
continue in force for a period longer than the period for which it is, by the
operation of that paragraph, continued in force; and
(b) does
not, where a lessee fails to comply with terms imposed upon him pursuant to
section 83D(4)(a), operate to continue the lease in force beyond the time
of that failure by the lessee.
(3) Where, under
subsection (1), a lease continues in force after the day on which, but
for that subsection, it would expire, the lease so continues in force subject
to the provisions, stipulations, covenants, conditions and agreements in the
lease (other than those relating to the term and the option contained in the
lease) but without prejudice to any rights or remedies of the lessor or lessee
in relation to the lease.
(4) Subject to
subsection (5) where, pursuant to an option contained in a lease
continued in force under subsection (1), the lease is renewed or a new
lease is granted, the period during which the lease was so continued in force
shall be deemed to be part of the term for which the lease was renewed or the
new lease granted, and any lease granted pursuant to an exercise of the option
shall be expressed to have commenced when the lease containing the option
would, but for subsection (1), have expired.
(5)
Subsection (4) does not apply to or in respect of a lease that stipulates
for the commencement of any lease granted pursuant to an exercise of the
option contained therein on a day that is later than the day on which the
lease so granted would, but for this subsection, commence under
subsection (4).
[Section 83E inserted by No. 35 of 1973
s. 3.]