Effect of licences granted to lessees
143 Effect of licences granted to lessees
Where a licence is granted to a lessee to do any act, the licence, unless otherwise expressed, extends only—
to the permission actually given; or
to the specific breach of any provision or covenant referred to; or
to any other matter thereby specifically authorized to be done—
and the licence does not prevent any proceeding for any subsequent breach unless otherwise specified in the licence.
Notwithstanding any such licence—
all rights under covenants and powers of re‑entry contained in the lease shall remain in full force and be available as against any subsequent breach of covenant, condition or other matter not specifically authorized or waived, in the same manner as if no licence had been granted; and
the condition or right of entry shall remain in force in all respects as if the licence had not been granted, save in respect of the particular matter authorized to be done.
Where in any lease there is a power or condition of re-entry on the lessee assigning, subletting or doing any other specified act without a licence, and a licence is granted—
to any one of two or more lessees to do any act, or to deal with his share or interest; or
to any lessee, or to any one of two or more lessees, to assign or underlet part only of the property, or to do any act in respect of part only of the property—
the licence shall not operate to extinguish the right of entry in case of any breach of covenant or condition by the co-lessees of the other shares or interests in the property, or by the lessee or lessees of the rest of the property (as the case may be) in respect of such shares or interests or remaining property, but the right of entry shall remain in force in respect of the shares, interests or property not the subject of the licence.
This section shall apply to licences granted after the nineteenth day of April One thousand eight hundred and sixty-four.
No. 3754 s. 144.
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