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PROPERTY LAW ACT 1974 - SECT 114
Provision as to attornments by tenants
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.
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