Tasmanian Consolidated Acts

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LIMITATION ACT 1974 - SECT 15

Certain tenancies
(1)  A tenancy at will shall, for the purposes of this Act, be deemed to be determined at the expiration of a period of one year from the commencement thereof, unless it has previously been determined, and, accordingly, the right of action of the person entitled to the land subject to the tenancy shall be deemed to have accrued on its determination.
(2)  Subject to subsection (3) , a tenancy from year to year or other period, without a lease in writing, shall, for the purposes of this Act, be deemed to be determined at the expiration of the first year or other period; and, accordingly, the right of action of the person entitled to the land subject to the tenancy shall be deemed to have accrued at the date of its determination, except that where rent is subsequently received in respect of the tenancy the right of action shall be deemed to have accrued on the date of the last receipt of rent.
(3)  Where a person is in possession of land by virtue of a lease in writing by which a rent amounting to the yearly sum of not less than $100 is reserved, and –
(a) the rent is received by some person wrongly claiming to be entitled to the land in reversion immediately expectant on the determination of the lease; and
(b) no rent is subsequently received by the person rightfully so entitled –
the right of action of the person last-mentioned to recover the land shall be deemed to have accrued at the date when the rent was first received by the person wrongfully claiming to be entitled thereto and not at the date of the determination of the lease.
(4)  Subsections (1) and (3) do not apply to a tenancy at will or lease granted by the Crown.



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