Queensland Consolidated Acts

PROPERTY LAW ACT 1974 - SECT 105

105 Obligations of lessees

(1) Subject to this Act and to the provisions of the lease, in every lease of land made after the commencement of this Act there shall, unless otherwise agreed, be implied the following obligations by the lessee with the lessor—

(a) To pay rent —that the lessee will pay the rent reserved at the time mentioned in the lease, but, if the demised premises or any part of the premises shall at any time during the continuance of the lease be destroyed or damaged by fire without fault on the part of the lessee, flood, lightning, storm, or tempest so, in any such event as to render the same unfit for the occupation and use of the lessee, then and so often as the same shall happen, the rent reserved, or a proportionate part of the rent, according to the nature and extent of the damage sustained shall abate, and all or any remedies for recovery of the rent or such proportionate part of the rent shall be suspended until the demised premises shall have been rebuilt or made fit for the occupation and use of the lessee;

(b) To keep in repair —that the lessee will, at all times during the continuance of the lease, keep and, at the termination of the lease, yield up the demised premises in good and tenantable repair, having regard to their condition at the commencement of the lease, damage from fire, flood, lightning, storm and tempest, and reasonable wear and tear excepted, but this obligation is not implied in the case of a lease for a term of 3 years or for any less period of premises for the purpose or principally for the purpose of human habitation.

(2) In the case of a lease by deed any obligation implied by this section shall take effect as a covenant.