Property Law Act 2007
Sections and provisions with full text and the judgments that cite each one.
Section 1 — Title
1 Title This Act is the Property Law Act 2007.
Section Sch1 — Form of certificate of non-revocation of power of attorney
Schedule 1 Form of certificate of non-revocation of power of attorney s 20 Certificate of non-revocation of power of attorney I, [ full name ] of [ place and country of residence ], [ occupation ],…
Section 2 — Commencement
2 Commencement This Act comes into force on 1 January 2008.
Section Sch2-1 — Payment of principal amount and interest
1 Payment of principal amount and interest (1) The mortgagor will pay to the mortgagee the principal amount secured by the mortgage at the time and in the manner specified in the mortgage or any…
Section Sch2-1-dup2 — Payment of principal amount and interest
1 Payment of principal amount and interest (1) The mortgagor will pay to the mortgagee the principal amount secured by the mortgage at the time and in the manner specified in the mortgage or any…
Section Sch2-10 — Mortgagee may remedy defaults of mortgagor
10 Mortgagee may remedy defaults of mortgagor (1) This clause applies if the mortgagor fails to do punctually any of the acts or things that the mortgagor covenants to do under— (a) the mortgage; or…
Section Sch2-10-dup2 — Power to take possession as mortgagee
10 Power to take possession as mortgagee The mortgagee may take possession of the mortgaged goods or any of them as mortgagee in any of the ways specified in section 137 of the Property Law Act 2007…
Section Sch2-11 — Power to call up amounts secured
11 Power to call up amounts secured (1) The mortgagee may, by notice served on the mortgagor, call up as payable all of the principal amount, interest, and other amounts for the time being secured by…
Section Sch2-11-dup2 — Power of sale
11 Power of sale (1) The mortgagee may sell all or any of the mortgaged goods if— (a) the mortgagor fails to pay any amounts secured by the mortgage on the due date; or (b) the mortgagor fails to…
Section Sch2-12 — Power to enter into possession as mortgagee or to appoint receiver
12 Power to enter into possession as mortgagee or to appoint receiver If the mortgagor fails to pay any amounts secured by the mortgage on the due date, or fails to perform or observe any covenant…
Section Sch2-12-dup2 — Discharge of mortgage
12 Discharge of mortgage The mortgagee will, on payment by the mortgagor of all amounts and the performance of all other obligations secured by the mortgage,— (a) return to the mortgagor the mortgage…
Section Sch2-13 — Power of sale
13 Power of sale (1) The mortgagee, or any receiver appointed by the mortgagee under the mortgage, may sell the whole or any part of the mortgaged land if the mortgagor— (a) fails to pay any amounts…
Section Sch2-13-dup2 — Mortgagor’s liability for costs
13 Mortgagor’s liability for costs (1) The mortgagor will pay all costs and expenses of and incidental to the arranging and preparation of the mortgage and any variation or discharge of the mortgage…
Section Sch2-14 — Power to subdivide
14 Power to subdivide (1) For the purpose of exercising the power conferred by clause 13 to sell the whole or any part of the mortgaged land, the mortgagee (without the need to enter into possession…
Section Sch2-15 — Unit titles
15 Unit titles (1) If the mortgage is of, or includes, any stratum estate under the Unit Titles Act 1972 , the mortgagor will— (a) comply with all obligations of the mortgagor under the Unit Titles…
Section Sch2-16 — Farming provisions
16 Farming provisions (1) If the mortgaged land is used for agricultural, pastoral, orchard, or other farming purposes, the mortgagor— (a) will keep the land clear of all blackberry, gorse, other…
Section Sch2-17 — Covenants implied in mortgages of leasehold estate or interest in land
17 Covenants implied in mortgages of leasehold estate or interest in land (1) This clause applies if the mortgage is over a leasehold estate or interest in land. (2) The mortgagor covenants that, up…
Section Sch2-18 — Discharge of mortgage
18 Discharge of mortgage The mortgagee will, on payment by the mortgagor of all amounts and the performance of all other obligations secured by the mortgage,— (a) return to the mortgagor the mortgage…
Section Sch2-19 — Production of instruments of title
19 Production of instruments of title (1) The mortgagee is not bound to produce the certificate of title or other instruments of title to the mortgaged land or the mortgage— (a) while the mortgagor…
Section Sch2-2 — Insurance
2 Insurance (1) The mortgagor will at all times keep insured all buildings and other insurable improvements from time to time erected on the mortgaged land— (a) against loss or damage by fire; and…
Section Sch2-2-dup2 — Insurance
2 Insurance (1) The mortgagor will at all times keep insured the mortgaged goods that are of an insurable nature— (a) against loss or damage by fire; and (b) to the extent possible, against loss or…
Section Sch2-20 — Mortgagor’s liability for costs
20 Mortgagor’s liability for costs (1) The mortgagor will pay all costs and expenses of and incidental to the arranging and preparation of the mortgage and any variation or discharge of the mortgage…
Section Sch2-3 — Application of insurance money
3 Application of insurance money (1) If any buildings or improvements on the mortgaged land are destroyed or damaged, all money received by the mortgagee, in respect of that destruction or damage,…
Section Sch2-3-dup2 — Application of insurance money
3 Application of insurance money (1) If any of the mortgaged goods are destroyed or damaged, all money received by the mortgagee, in respect of the destruction or damage, under any insurance policy…
Section Sch2-4 — Obligations in respect of mortgaged land
4 Obligations in respect of mortgaged land The mortgagor will— (a) pay all rates, taxes, and charges for the mortgaged land as and when they become due; and (b) perform all duties and obligations…
Section Sch2-4-dup2 — Repairs and replacement
4 Repairs and replacement The mortgagor will— (a) keep and maintain the mortgaged goods in the same order as they are in at the date of the mortgage; and (b) repair any damage to the mortgaged goods;…
Section Sch2-5 — Property to be put and kept in good and substantial repair
5 Property to be put and kept in good and substantial repair The mortgagor will put and keep in good and substantial repair all buildings, fences, drains, or other improvements at any time erected,…
Section Sch2-5-dup2 — Power to inspect
5 Power to inspect The mortgagee may at all reasonable times, either personally or by agents, enter upon the premises of the mortgagor to inspect the mortgaged goods.
Section Sch2-6 — Power to inspect
6 Power to inspect The mortgagee may at all reasonable times, either personally or by agents, enter the mortgaged land to inspect the buildings and improvements. Compare: 1952 No 51 Schedule 4 cl 4
Section Sch2-6-dup2 — Observance of covenants under prior mortgages
6 Observance of covenants under prior mortgages (1) If, and to the extent that, the security for the payment of amounts or the performance of obligations under any other mortgage or encumbrance over…
Section Sch2-7 — Buildings and improvements must not be removed, dismantled, or structurally altered without consent
7 Buildings and improvements must not be removed, dismantled, or structurally altered without consent The mortgagor will not, without the written consent of the mortgagee, cause or permit any…
Section Sch2-7-dup2 — Mortgagee may remedy defaults of mortgagor
7 Mortgagee may remedy defaults of mortgagor (1) This clause applies if the mortgagor fails to do punctually any of the acts or things which the mortgagor covenants to do under— (a) the mortgage; or…
Section Sch2-8 — Observance of covenants under prior mortgages
8 Observance of covenants under prior mortgages (1) If, and to the extent that, the security for the payment of amounts or the performance of obligations under any other mortgage or encumbrance over…
Section Sch2-8-dup2 — Mortgagor’s right to retain possession of mortgaged goods
8 Mortgagor’s right to retain possession of mortgaged goods The mortgagor may retain possession of the mortgaged goods unless and until— (a) the mortgagor fails to pay any amounts secured by the…
Section Sch2-9 — Observance of other covenants
9 Observance of other covenants The mortgagor will— (a) do everything that may be required to be done by the occupier of land under any positive covenant to which section 303 of the Property Law Act…
Section Sch2-9-dup2 — Power to call up amounts secured
9 Power to call up amounts secured (1) The mortgagee may, by notice served on the mortgagor, call up as payable all of the principal amount, interest, and other amounts for the time being secured by…
Section 3 — Purpose
3 Purpose The purpose of this Act is to restate, reform, and codify (in part) certain aspects of the law relating to real and personal property.
Section Sch3-1 — Interpretation
1 Interpretation In this schedule, leased premises includes all land comprised in the lease.
Section Sch3-10 — Premises unable to be used for particular purpose
10 Premises unable to be used for particular purpose (1) The lessee may terminate the lease, on reasonable notice to the lessor, if— (a) it is an express or implied term of the lease that the leased…
Section Sch3-11 — Power to inspect premises
11 Power to inspect premises (1) The lessor may at all reasonable times, either personally or by the lessor’s agent, enter the leased premises for the purpose of— (a) inspecting their state of…
Section Sch3-12 — Power to cancel lease for non-payment of rent or other breach
12 Power to cancel lease for non-payment of rent or other breach (1) The lessor may cancel the lease in accordance with section 244 if— (a) any rent is unpaid for 15 working days after the due date…
Section Sch3-13 — Lessee to keep and yield up premises in existing condition
13 Lessee to keep and yield up premises in existing condition (1) The lessee will,— (a) at all times during the currency of the lease, keep the leased premises in the same condition that they were in…
Section Sch3-2 — General covenant between lessor and lessee on matters set out in Part 2 of this schedule
2 General covenant between lessor and lessee on matters set out in Part 2 of this schedule The lessor and lessee covenant between each other on the matters set out in Part 2 of this schedule.
Section Sch3-3 — General covenants of lessee on matters set out in Part 3 or 4 of this schedule
3 General covenants of lessee on matters set out in Part 3 or 4 of this schedule The lessee covenants with the lessor on the matters, as the case requires, set out in Part 3 or 4 of this schedule.
Section Sch3-4 — Payment of rent
4 Payment of rent (1) The lessee will pay the rent payable under the lease when it falls due. (2) However, if the leased premises or any part of them are destroyed or damaged by any of the causes…
Section Sch3-5 — Alteration of buildings
5 Alteration of buildings (1) The lessee will not, without the consent of the lessor, alter any building that comprises, or is part of, the leased premises. (2) The lessor will not unreasonably…
Section Sch3-6 — Noxious or offensive acts or things
6 Noxious or offensive acts or things (1) The lessee will not do, or permit to be done, on the leased premises any of the things specified in subclause (2) to— (a) the lessor; or (b) the other…
Section Sch3-7 — Commission of waste
7 Commission of waste The lessee will not commit, or permit any of the lessee’s agents, contractors, or invitees to commit, the tort of voluntary waste in relation to the leased premises. Compare:…
Section Sch3-8 — Lessor not to depart from grant
8 Lessor not to depart from grant The lessor will not derogate from the lease. Compare: 1952 No 51 ss 106 , 107
Section Sch3-9 — Lessee entitled to quiet enjoyment
9 Lessee entitled to quiet enjoyment The lessee and all persons claiming under the lessee will be able quietly to enjoy the leased premises without disturbance by any person specified in section…