Powers in lessor
120 Powers in lessor
In every memorandum of lease there shall be implied the following powers in the lessor:
that the lessor may by himself or herself or his or her agents, twice in every year during the term at a reasonable time of the day upon giving to the lessee 2 days previous notice, enter upon the leased premises and view the state of repair thereof, and may serve upon the lessee or leave at his or her last or usual place of abode in the ACT or upon the premises, a notice in writing of any defect, requiring him or her within a reasonable time, to repair the premises in accordance with any covenant expressed or implied in the lease;
that in default of the lessee repairing any defect according to notice the lessor may from time to time enter the premises and execute the required repairs;
that the lessor may, by himself or herself or his or her agents, at all reasonable times during the term, with workers and others and all necessary materials and appliances, enter upon the premises or any part thereof, for the purpose of complying with the terms of any present or future legislation affecting the premises, and of any notices served upon the lessor or lessee by any competent authority involving the destruction of a pest, or the carrying out of any repairs, alterations or works of a structural character, which the lessee is not bound, or, if bound, neglects to do, and also for the purpose of exercising the powers and authorities of the lessor under the lease:
Provided that the destruction, repairs, alterations and works shall be carried out by the lessor without undue interference with the occupation and use of the premises by the lessee;
that in case the rent or any part thereof is in arrear for the space of 1 month (although no formal demand therefor has been made), or in case default is made in the fulfilment of any covenant, condition or stipulation, whether expressed or implied in the lease, and on the part of the lessee to be performed or observed, and the default is continued for the space of 2 months, or in case the repairs required by a notice served or left in pursuance of paragraph (a), are not completed within the time therein specified, the lessor may re-enter upon the premises (or any part thereof in the name of the whole) and thereby determine the estate of the lessee therein, but without releasing the lessee from liability in respect of the breach or nonobservance of any such covenant, condition or stipulation.
This section does not apply to a land sublease.
In this section:
pest—see the Biosecurity Act 2023, section 11.
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