Queensland Consolidated Acts

PROPERTY LAW ACT 1974 - SECT 114

114 Provision as to attornments by tenants

(1) Where land is subject to a lease—

(a) the conveyance of a reversion in the land expectant on the determination of the lease; or

(b) the creation or conveyance of a rent charge to issue or issuing out of the land;

shall be valid without any attornment of the lessee.

(1A) Nothing in subsection (1) —

(a) affects the validity of any payment of rent by the lessee to the person making the conveyance or grant before notice of the conveyance or grant is given to the lessee by the person entitled under the conveyance or grant; or

(b) renders the lessee liable for any breach of covenant to pay rent, on account of the lessee’s failure to pay rent to the person entitled under the conveyance or grant before such notice is given to the lessee.

(2) An attornment by the lessee in respect of any land to a person claiming to be entitled to the interest in the land of the lessor, if made without the consent of the lessor, shall be void.

(2A) Subsection (2) does not apply to an attornment—

(a) made under a judgment of a court of competent jurisdiction; or

(b) to a mortgagee, by a lessee holding under a lease from the mortgagor where the right of redemption is barred; or

(c) to any person rightfully deriving title under the lessor.