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PROPERTY LAW ACT 1974 - SECT 112
Provisions as to covenants to repair
112 Provisions as to covenants to repair
(1) Damages for a breach of a covenant, obligation or agreement to keep or put
premises in repair during the currency of a lease, or to leave or put premises
in repair at the termination of a lease, whether such covenant, obligation or
agreement is expressed or implied, and whether general or specific, shall in
no case exceed the amount (if any) by which the value of the reversion
(whether immediate or not) in the premises is diminished owing to the breach
of such covenant, obligation, or agreement, and in particular no damage shall
be recovered for a breach of any such covenant, obligation, or agreement to
leave or put premises in repair at the termination of a lease, if it is shown
that the premises, in whatever state of repair they might be, would at or
shortly after the termination of the lease have been or be pulled down, or
such structural alterations made to the premises as would render valueless the
repairs covered by the covenant, obligation, or agreement.
(2) A right of
re-entry or forfeiture for a breach of any such covenant, obligation, or
agreement shall not be enforceable, by action or otherwise, unless the lessor
proves that the fact that such a notice as is required by section 124 had been
served on the lessee was known either— (a) to the lessee; or
(b) to an
under-lessee holding under an under-lease which reserved a nominal reversion
only to the lessee; or
(c) to the person who last paid the rent due under the
lease either on the person’s own behalf or as agent for the lessee or
under-lessee;
and that a time reasonably sufficient to enable the repairs to
be executed had elapsed since the time when the fact of the service of the
notice came to the knowledge of any such person.
(3) Where a notice as
referred to in subsection (2) has been sent by post in a registered letter
addressed to a person at the person’s last known place of abode in or out of
the State, and that letter is not returned through the post office
undelivered, then, for the purposes of subsection (2) , that person shall be
deemed, unless the contrary is proved, to have had knowledge of the fact that
the notice had been served as from the time at which the letter would have
been delivered in the ordinary course of post.
(4) This section applies
whether the lease was created before or after the commencement of this Act.
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