Queensland Consolidated Acts

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PROPERTY LAW ACT 1974 - SECT 117

Rent and benefit of lessee’s covenants to run with the reversion

117 Rent and benefit of lessee’s covenants to run with the reversion

(1) Rent reserved by a lease, and the benefit of every covenant, obligation, or provision contained in the lease, touching and concerning the land, and on the lessee’s part to be observed or performed, and every condition of re-entry and other condition contained in the lease, shall be annexed and incident to and shall go with the reversionary estate in the land, or in any part of the reversionary estate, immediately expectant on the term granted by the lease, despite severance of that reversionary estate, and without prejudice to any liability affecting a covenantor or the covenantor’s estate.
(2) Any such rent, covenant, obligation, or provision shall be capable of being recovered, received, enforced, and taken advantage of, by the person from time to time entitled, subject to the term, to the income of the whole or any part, as the case may require, of the land leased.
(3) Where that person becomes entitled by conveyance or otherwise, such rent, covenant, obligation, or provision may be recovered, received, enforced or taken advantage of by the person even though the person becomes so entitled after the condition of re-entry or forfeiture has become enforceable, but this subsection does not render enforceable any condition of re-entry or other condition waived or released before such person becomes entitled.
(4) This section applies to—
(a) leases made after the commencement of this Act; and
(b) leases made before the commencement of this Act, but with respect only to rent accruing due after the commencement of this Act and to the benefit of a condition of re-entry or forfeiture for a breach committed after the commencement of this Act of any covenant, condition, obligation or provision contained in the lease.



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