Land And Conveyancing Law Reform Act 2009

81.

Additional covenants for land comprised in a lease.

81.— (1) In a conveyance of any class referred to in subsection (2) there are implied, in addition to the covenants referred to in section 80(1) , the covenants specified in relation to that class in Part 3 of Schedule 3 , and those covenants are deemed to be made—

( a) by the person, or by the persons jointly and severally, if more than one, so specified in relation to any class of conveyance,

( b) with the person, or with the persons jointly and severally, if more than one, who is the other party, or are the other parties, to the conveyance,

and have the effect specified in Parts 1 and 3 of Schedule 3 .

(2) The classes of conveyance referred to in subsection (1) are—

Class 6:

A conveyance (other than a mortgage) for valuable consideration of

( a) the entirety of the land comprised in a lease, or

( b) part of the land comprised in a lease, subject to a part of the rent reserved by the lease which has been, or is by the conveyance, apportioned with the consent of the lessor,

for the residue of the term or interest created by the lease;

Class 7:

A conveyance (other than a mortgage) for valuable consideration of part of the land comprised in a lease, for the residue of the term or interest created by the lease, subject to a part of the rent reserved by the lease which has been, or is by the conveyance, apportioned without the consent of the lessor.

(3) Where in a conveyance (other than a mortgage) part of land comprised in a lease is, without the consent of the lessor, expressed to be conveyed—

( a) subject to the entire rent, then covenant (1) in paragraph (2) of Part 3 of Schedule 3 has effect as if the entire rent were the apportioned rent,

( b) exonerated from the entire rent, then covenant (2) in paragraph (2) of Part 3 of Schedule 3 has effect as if the entire rent were the balance of the rent, and “(other than the covenant to pay the entire rent)” were omitted from the covenant.

(4) The benefit of a covenant implied under this section—

( a) is annexed to and passes with the estate or interest of the implied covenantee,

( b) is enforceable by every person, including a tenant, mortgagee and any other person deriving title from or under the implied covenantee, in whom that estate or interest, or any part of it, or an estate or interest derived out of it, is vested from time to time.

(5) Any covenant implied under this section may, by the terms of the conveyance, be—

( a) modified by the express provisions of the conveyance and, if so modified, operates as if the modification were included in this section and Schedule 3 ,

( b) extended by providing expressly in the conveyance that—

(i) the land conveyed, or

(ii) the part of the land which remains vested in the covenantor,

stands charged with the payment of all money which would otherwise become payable under the implied covenant.