PART 3 | Rent and benefit of lessee’s covenants to run with reversion |
10.—(1) Rent reserved by a lease, and the benefit of every covenant or provision therein contained, having reference to the subject matter thereof, and on the lessee’s part to be observed or performed, and every condition of re-entry and other condition therein contained, shall be annexed and incident to and shall go with the reversionary estate in the land, or any part thereof, immediately expectant on the term granted by the lease, notwithstanding severance of that reversionary estate, and 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.| (2) This section shall apply only to leases made on or after 1 August 1886. |
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| Obligation of lessor’s covenants to run with reversion |
11.—(1) The obligation of a covenant entered into by a lessor with reference to the subject matter of a lease shall, if and so far as the lessor has power to bind the reversionary estate immediately expectant on the term granted by the lease, be annexed and incident to and shall go with that reversionary estate, or the several parts thereof, notwithstanding severance of that reversionary estate, and may be taken advantage of and enforced by the person in whom the term is from time to time vested by conveyance, devolution in law, or otherwise; and, if and so far as the lessor has power to bind the person from time to time entitled to that reversionary estate, that obligation may be taken advantage of and enforced against any person so entitled.| (2) This section shall apply only to leases made on or after 1 August 1886. |
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| Apportionment of conditions on severance, etc. |
12.—(1) Notwithstanding the severance by conveyance, surrender or otherwise of the reversionary estate in any land comprised in a lease, and notwithstanding the avoidance or cesser in any other manner of the term granted by a lease as to part only of the land comprised therein, every condition or right of re-entry, and every other condition contained in the lease, shall be apportioned, and shall remain annexed to the several parts of the reversionary estate as severed, as shall be in force with respect to the term whereon each severed part is reversionary, or the term in any land which has not been surrendered, or as to which the term has not been avoided or has not otherwise ceased, in like manner as if the land comprised in each severed part, or the land as to which the term remains subsisting, as the case may be, had alone been originally comprised in the lease.| (2) This section shall apply to leases made before, on or after 1 August 1886. |
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| On subdemise, title to leasehold reversion not to be required |
13.—(1) On a contract to grant a lease for a term of years to be derived out of a leasehold interest, with a leasehold reversion, the intended lessee shall not have the right to call for the title to that reversion.| (2) This section shall apply only if and as far as a contrary intention is not expressed in the contract, and shall have effect subject to the terms of the contract and to the provisions therein contained. |
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| Contract for lease not to form part of title to lease |
14.—(1) Where a lease is made under a power contained in a settlement, will, Act or other instrument, any preliminary contract for or relating to the lease shall not, for the purpose of the deduction of title to an intended assign, form part of the title or evidence of the title to the lease.| (2) This section shall apply to leases made before, on or after 1 August 1886. |
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| Restriction on effect of licence |
15.—(1) Where a licence to do any act which without such a licence would create a forfeiture or give a right to re-enter under a condition or power reserved in any lease is at any time on or after 1 August 1886 given to any lessee or his assigns, every such licence shall, unless otherwise expressed, extend only to the permission actually given or to any specific breach of any proviso or covenant made or to be made or to the actual assignment, under-lease, or other matter thereby specifically authorised to be done, but not so as to prevent any proceeding for any subsequent breach unless otherwise specified in the licence.| (2) All rights under covenants and powers of forfeiture and re-entry in the lease contained shall remain in full force, and shall be available as against any subsequent breach of covenant or condition, assignment, under-lease or other matter not specifically authorised or waived by the licence, in the same manner as if no such licence had been given. |
| (3) The condition or right of re-entry shall be and remain in all respects as if such licence had not been given, except in respect of the particular matter authorised to be done. |
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| Restricted operation of partial licence |
16.—(1) Where in a lease there is a power or condition of re-entry on assigning or under‑letting or doing any other specified act without licence, and a licence at any time on or after 1 August 1886 is given to one of several lessees or co‑owners to assign or under‑let his share or interest or to do any other act prohibited to be done without licence, or is given to any lessee or owner or any one of several lessees or owners to assign or under‑let part only of the property or to do any other such act as aforesaid in respect of part only of the property, the licence shall not operate to destroy or extinguish the right of re‑entry in case of any breach of the covenant or condition by the co‑lessee or co‑lessees or owner or owners of the other shares or interests in the property, or by the lessee or owner of the rest of the property, as the case may be, over or in respect of those shares or interests or remaining property, but the right of re‑entry shall remain in full force over or in respect of the shares or interests or property not the subject of the licence.| (2) This section shall apply to leases made before, on or after 1 August 1886. |
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| No fine to be exacted for licence to assign |
17.—(1) In all leases containing a covenant, condition or agreement against assigning, under-letting or parting with the possession, or disposing of the property leased without licence or consent, that covenant, condition or agreement shall, unless the lease contains an expressed provision to the contrary, be deemed to be subject to a proviso to the effect that no fine or sum of money in the nature of a fine shall be payable for or in respect of the licence or consent; but that proviso shall not preclude the right to require the payment of a reasonable sum in respect of any legal or other expense incurred in relation to the licence or consent.| (2) This section shall apply to leases made before, on or after 1 August 1886. |
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| Restrictions on and relief against forfeiture of leases |
18.—(1) A right of re-entry or forfeiture under any provision or stipulation in a lease, for a breach of any covenant or condition in a lease, shall not be enforceable, by action or otherwise, unless the lessor serves on the lessee a notice specifying the particular breach complained of and, if the breach is capable of remedy, requiring the lessee to remedy the breach, and, in any case, requiring the lessee to make compensation in money for the breach, and the lessee fails, within a reasonable time thereafter, to remedy the breach, if it is capable of remedy, and to make reasonable compensation in money, to the satisfaction of the lessor, for the breach.| (2) Where a lessor is proceeding, by action or otherwise to enforce such a right of re-entry or forfeiture, the lessee may, in the lessor’s action (if any) or in any action brought by himself, apply to the court for relief. |
| (3) The court may grant or refuse relief as the court, having regard to the proceedings and conduct of the parties under subsections (1) and (2) and to all the other circumstances, thinks fit. |
| (4) In case of relief the court may grant it on such terms (if any) as to costs, expenses, damages, compensation, penalty or otherwise, including the granting of an injunction to restrain any like breach in the future, as the court, in the circumstances of each case, thinks fit. |
| Costs incurred in employment of solicitor, etc. |
| (5) A lessor shall be entitled to recover as a debt due to him from the lessee, and in addition to damages (if any) all reasonable costs and expenses properly incurred by the lessor in the employment of a solicitor and surveyor or valuer or otherwise in reference to any breach giving rise to a right of re-entry or forfeiture, which at the request of the lessee is waived by the lessor by writing under his hand, or from which the lessee is relieved under the provisions of this Act. |
| Power of court to protect under-lessees on forfeiture of superior leases |
| (6) Where a lessor is proceeding by action or otherwise to enforce a right of re-entry or forfeiture under any covenant, proviso or stipulation in a lease, the court may, on application by any person claiming as under-lessee any estate or interest in the property comprised in the lease, or any part thereof, either in the lessor’s action (if any) or in any action brought by the person for that purpose, make an order vesting for the whole term of the lease or any lesser term the property comprised in the lease, or any part thereof, in any person entitled as under-lessee to any estate or interest in the property, upon such conditions as to execution of any deed or other document, payment of rent, costs, expenses, damages, compensation, giving security or otherwise as the court, in the circumstances of each case, thinks fit; but in no case shall any such under-lessee be entitled to require a lease to be granted to him for any longer term than he had under his original sub-lease. |
| Interpretation of this section |
(7) For the purposes of this section —| (a) | a lease includes an original or derivative under-lease; | | (b) | a lessee includes an original or derivative under-lessee, and the heirs, executors, administrators and assigns of a lessee; | | (c) | a lessor includes an original or derivative under-lessor, and the heirs, executors, administrators and assigns of a lessor; and | | (d) | a lease limited to continue as long only as the lessee abstains from committing a breach of covenant shall be and take effect as a lease to continue for any longer term for which it could subsist, but determinable by a proviso for re-entry on such a breach. |
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| Application of this section |
| (8) This section shall not extend to a covenant or condition against the assigning, under-letting, parting with the possession or disposing of the land leased; or to a condition for forfeiture on the bankruptcy of the lessee, or on the taking in execution of the lessee’s interest. |
| (9) This section shall not affect the law relating to re-entry or forfeiture or relief in case of non-payment of rent. |
| (10) This section shall apply to leases made before, on or after 1 August 1886, and shall have effect notwithstanding any stipulation to the contrary. |
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| Relief against forfeiture by action for non-payment of rent |
18A.—(1) This section has effect where a lessor is proceeding by action to enforce against a lessee a right of re-entry or forfeiture in respect of any immovable property for non-payment of rent.| (2) If, within the time prescribed by rules of court for acknowledging service of the writ by which the action was commenced, the lessee pays into court all the rent in arrear and the costs of the action, the action shall cease, and the lessee shall hold the land according to the lease without any new lease. |
(3) If —| (a) | the action does not cease under subsection (2); and | | (b) | the court at the trial is satisfied that the lessor is entitled to enforce the right of re-entry or forfeiture, |
| the court shall order possession of the land to be given to the lessor at the expiration of such period, but not being less than 4 weeks from the date of the order, as the court thinks fit, unless within that period the lessee pays into court all the rent in arrear and such sum as the court shall direct on account of the costs of the action. |
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| (4) The court may extend the period specified under subsection (3) at any time before possession of the land is recovered in pursuance of the order under that subsection. |
(5) Subject to subsection (6), if —| (a) | within the period specified in the order; or | | (b) | within that period as extended under subsection (4), |
| the lessee pays into court — |
| (c) | all the rent in arrear; and | | (d) | the sum directed to be paid on account of the costs of the action, |
| he shall hold the land according to the lease without any new lease. |
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| (6) Subsection (2) shall not apply where the lessor is proceeding in the same action to enforce a right of re-entry or forfeiture on any other ground as well as for non-payment of rent, or to enforce any other claim as well as the right of re-entry or forfeiture and the claim for arrears of rent. |
(7) If the lessee does not —| (a) | within the period specified in the order; or | | (b) | within that period as extended under subsection (4), |
| (c) | all the rent in arrear; and | | (d) | the sum directed to be paid on account of the costs of the action, |
| the order may be enforced and so long as the order remains unreversed the lessee shall be barred from all relief. |
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| (8) The extension under subsection (4) of a period fixed by the court shall not be treated as relief from which the lessee is barred by subsection (7) if he fails to pay into court all the rent in arrear and the sum directed to be paid on account of the costs of the action within that period. |
(9) Where the court extends a period under subsection (4) at a time when —| (a) | that period has expired; and | | (b) | an enforcement order for possession of property in respect of the property has been issued, |
| the court shall suspend the enforcement order for the extended period, and if, before the expiration of the extended period, the lessee pays into court all the rent in arrear and the sum directed to be paid on account of the costs of the action, the court shall cancel the enforcement order. |
[Act 25 of 2021 wef 01/04/2022] |
(10) Nothing in this section shall be taken to affect —| (a) | the power of the court to enter final judgment in a case where the defendant fails to give notice of intention to defend; or | | (b) | the power of the court to make any order which it would otherwise have power to make as respects a right of re-entry or forfeiture on any ground other than non-payment of rent. |
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