Continued tenures remain in force
3 Continued tenures remain in force
A continued tenure over land remains in force as—
for a continued perpetual lease, continued term lease or continued special lease—a lease under this Act over the same land, and
for a continued incomplete tenure purchase—an incomplete purchase under this Act of the same land, and
for a continued permissive occupancy—a licence under this Act to occupy the same land.
A continued tenure for a term does not (except as provided by this Act) remain in force beyond the end of that term.
A continued tenure for an indefinite term, or a term that exceeds the maximum term for a tenure of that kind under another provision of this Act, remains in force indefinitely or for the remainder of its term despite that provision.
The terms and conditions of a continued tenure remain the same subject to any variations made by or under this Act.
Any rent, royalty, deposit, fee, purchase price, instalment, interest or other amount payable for a continued tenure remains payable in the same way and the same amounts subject to any variations made by or under this Act.
A continued tenure can be varied, forfeited, revoked, terminated, cancelled or dealt with in any other way under this Act as if it had been granted under this Act.
To avoid doubt, any sublease or sublicence of a continued tenure also remains in force under this Act.
A continued tenure does not cease to be a continued tenure just because it is renewed or extended.
This clause has effect subject to the other provisions of this Schedule. In particular, any terms or conditions of a tenure preserved by this clause do not have effect to the extent of any inconsistency with those provisions or the provisions of Schedule 4.
Note.
Clause 1 (2) also provides that this Schedule applies subject to Schedule 4 in relation to purchasable leases that are continued tenures.
In this clause—
terms and conditions includes covenants, reservations, exceptions, exemptions, provisions and prohibitions.
variations include—
for any terms and conditions—alterations, removals or omissions, and
for any amounts—waivers, reductions, remissions or postponements.
This Act’s bill:Explanatory memorandumSecond reading speech
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