Property Law Act 2007
Sections and provisions with full text and the judgments that cite each one.
Section 229 — Instruments have no effect so far as they conflict with section 225, 226, 227, or 228
229 Instruments have no effect so far as they conflict with section 225, 226, 227, or 228 A term has no effect if it— (a) is expressed or implied in an instrument; and (b) conflicts with section 225…
Section 230 — Merger of reversion not to affect remedies
230 Merger of reversion not to affect remedies (1) This section applies to a lease if the reversion expectant on the lease is merged in a remainder or other reversion, or in a future estate or…
Section 231 — Burden of lessor’s covenants to run with reversion
231 Burden of lessor’s covenants to run with reversion (1) If the reversion expectant on a lease ceases to be held by the lessor (whether by transfer, assignment, grant, operation of law, or…
Section 232 — Rights under lease to which section 233 applies
232 Rights under lease to which section 233 applies (1) Section 233 applies to all or any of the following rights under a lease: (a) the right to receive the rent payable: (b) the right to enforce…
Section 233 — Benefit of lessee’s covenants to run with reversion
233 Benefit of lessee’s covenants to run with reversion (1) If the reversion expectant on the lease ceases to be held by the lessor (whether by transfer, assignment, grant, operation of law, or…
Section 234 — When rights arising from covenants may be exercised
234 When rights arising from covenants may be exercised (1) A person who is entitled under section 233(1) to exercise a right to which that section applies— (a) may exercise that right even though…
Section 235 — Rights and obligations under lease after severance
235 Rights and obligations under lease after severance (1) This section applies to a lease if— (a) the reversion expectant on the lease is divided into different parts, and different persons are…
Section 236 — Notice of termination of lease after severance
236 Notice of termination of lease after severance (1) This section applies to a lease if— (a) the reversion expectant on the lease is divided into different parts; and (b) a notice of termination of…
Section 237 — Effect of payment by lessee to assignor of reversion
237 Effect of payment by lessee to assignor of reversion (1) This section applies to a lease if the lessor has transferred or assigned the reversion expectant on the lease. (2) A lessee who pays all…
Section 238 — Effect of acknowledgement by lessee of another person as lessor
238 Effect of acknowledgement by lessee of another person as lessor An acknowledgement by a lessee that a person who is not entitled to the reversion expectant on a lease is the lessor has no effect…
Section 239 — Application of subpart
239 Application of subpart (1) This subpart applies to a transfer or assignment of a leasehold estate or interest in land that comes into operation on or after 1 January 2008 (whether the lease came…
Section 240 — Transferee or assignee becomes lessee
240 Transferee or assignee becomes lessee (1) A person who accepts a transfer or assignment of a lease becomes the lessee of the land without need to— (a) acknowledge (by attornment or otherwise) the…
Section 241 — Transferor or assignor remains liable
241 Transferor or assignor remains liable (1) If there has been a transfer or assignment of a lease, the transferor or assignor remains liable to the lessor for— (a) the payment of the rent payable…
Section 242 — Covenant implied in transfer or assignment of lease
242 Covenant implied in transfer or assignment of lease (1) Every transfer or assignment of a lease must be taken to contain a covenant by the transferee or assignee with the transferor or assignor…
Section 243 — Sections 244 to 264 to be code
243 Sections 244 to 264 to be code (1) A lease may be cancelled only in accordance with sections 244 to 252 . (2) Any relief against any of the following things may be given only in exercise of the…
Section 244 — Cancellation of lease for breach of covenant or condition: general
244 Cancellation of lease for breach of covenant or condition: general (1) A lessor who wishes to exercise a right to cancel a lease because of a breach by the lessee of a covenant or condition of…
Section 245 — Cancellation of lease for breach of covenant to pay rent
245 Cancellation of lease for breach of covenant to pay rent (1) A lessor may exercise a right to cancel a lease because of a breach of the covenant to pay rent under the lease only if— (a) the rent…
Section 246 — Cancellation of lease for breach of other covenants
246 Cancellation of lease for breach of other covenants (1) A lessor may exercise a right to cancel a lease because of a breach of a covenant or condition of the lease (except the covenant to pay…
Section 247 — Defects that do not invalidate notice of intention to cancel lease
247 Defects that do not invalidate notice of intention to cancel lease (1) The notice required by section 246(1)(a) is not invalid merely because the lessor— (a) may not have specified that the…
Section 248 — Application to court for possession of land made before expiry of period of notice of intention to cancel lease
248 Application to court for possession of land made before expiry of period of notice of intention to cancel lease (1) This section applies to an application made to a court for an order for…
Section 249 — Consequences of serving on lessee notice of intention to cancel lease under section 245 or 246
249 Consequences of serving on lessee notice of intention to cancel lease under section 245 or 246 (1) A lessor who has served a notice on a lessee in accordance with section 245 or 246 must, as soon…
Section 250 — Acceptance of rent by lessor after notice of intention to cancel lease given not to operate as waiver of lessor’s rights
250 Acceptance of rent by lessor after notice of intention to cancel lease given not to operate as waiver of lessor’s rights (1) If a lessor accepts any rent after a notice of intention to cancel the…
Section 251 — Powers of court in making order for possession
251 Powers of court in making order for possession (1) On an application to a court for an order for possession of the land comprised in a lease, the court may make the order and cancel the lease.…
Section 252 — Effect of sections 244 to 251
252 Effect of sections 244 to 251 (1) Sections 244 to 251 do not prevent a lessor from claiming damages for— (a) the breach of a lease; or (b) the breach of any other duty to the lessor that the…
Section 253 — Relief against cancellation of lease for breach of covenant or condition
253 Relief against cancellation of lease for breach of covenant or condition (1) All or any of the following persons may apply to a court for relief against the cancellation, or proposed…
Section 254 — Mortgagee or receiver may apply for extension of time for bringing proceedings
254 Mortgagee or receiver may apply for extension of time for bringing proceedings (1) This section applies to a mortgagee of a leasehold estate or interest, or a receiver appointed in respect of…
Section 255 — Application for relief not to constitute admission
255 Application for relief not to constitute admission (1) This section applies to an application for relief against the cancellation, or proposed cancellation, of a lease. (2) The application is…
Section 256 — Powers of court on application for relief
256 Powers of court on application for relief (1) In determining an application for relief against the cancellation, or proposed cancellation, of a lease, under section 253 , a court may grant— (a)…
Section 257 — Effect of order granting relief against cancellation of lease
257 Effect of order granting relief against cancellation of lease (1) An order of a court granting relief against the cancellation, or proposed cancellation, of a lease may be registered as an…
Section 258 — Protection of sublessee on cancellation of superior lease
258 Protection of sublessee on cancellation of superior lease (1) If a lessor exercises, or is proposing to exercise, a right to cancel a lease because of a breach by the lessee of a covenant or…
Section 259 — Interested person may apply for extension of time for bringing proceedings
259 Interested person may apply for extension of time for bringing proceedings (1) This section applies to an interested person who has been prejudiced— (a) by not being served under section 249 with…
Section 260 — Powers of court on application for relief by sublessee
260 Powers of court on application for relief by sublessee (1) On an application for relief made under section 258 , the court may order the lessor to enter into a lease of the whole or any part of…
Section 261 — Relief against lessor’s refusal to enter into renewal or sell reversion to lessee
261 Relief against lessor’s refusal to enter into renewal or sell reversion to lessee (1) This section applies to a lease if— (a) the lessor has covenanted in writing with the lessee that,— (i) on…
Section 262 — How application under section 261 for relief under section 264 to be made
262 How application under section 261 for relief under section 264 to be made An application under section 261 for relief under section 264 — (a) may be made to the court in any proceeding brought by…
Section 263 — Matters lessee must be informed of by notice
263 Matters lessee must be informed of by notice The matters referred to in section 262(b) are— (a) that the lessor refuses to extend or renew the lease, or enter into a new lease, or transfer or…
Section 264 — Relief court may grant on application
264 Relief court may grant on application (1) On an application under section 261 , the court may grant relief against the refusal of the lessor to extend or renew the lease, or enter into a new…
Section 265 — Right to distrain abolished
265 Right to distrain abolished (1) The right to distrain for rent or other amounts payable under a lease or for a rentcharge is abolished. (2) A provision in a lease or in an encumbrance securing a…
Section 266 — Removal of fixtures by lessee
266 Removal of fixtures by lessee (1) A lessee may remove any trade, ornamental, or agricultural fixture (except a lessor’s fixture) that the lessee has affixed to any leased premises, but may only…
Section 267 — Effect of unlawful eviction on lessee’s obligations
267 Effect of unlawful eviction on lessee’s obligations (1) This section applies to a lessee under a lease who, contrary to the express or implied terms of the lease, is evicted from the whole or any…
Section 268 — Application of sections 269 and 270
268 Application of sections 269 and 270 (1) Sections 269 and 270 apply if, on or after 1 January 2008, leased premises, or the whole or any part of the land on which the leased premises are situated,…
Section 269 — Exoneration of lessee if lessor is insured
269 Exoneration of lessee if lessor is insured (1) If this section applies, the lessor must not require the lessee— (a) to meet the cost of making good the destruction or damage; or (b) to indemnify…
Section 270 — Rights of lessor if insurance for leased premises or land is affected by negligence of lessee or lessee’s agent
270 Rights of lessor if insurance for leased premises or land is affected by negligence of lessee or lessee’s agent (1) If this section applies and the destruction or damage is caused or contributed…
Section 271 — Lessee may acknowledge lessor has not insured, or fully insured, premises
271 Lessee may acknowledge lessor has not insured, or fully insured, premises (1) A lessee may expressly acknowledge in an instrument that the lessor has not insured, or has not fully insured, the…
Section 272 — Instruments have no effect so far as they conflict with section 269, 270, or 271
272 Instruments have no effect so far as they conflict with section 269, 270, or 271 A term has no effect if it— (a) is expressed or implied in an instrument; and (b) conflicts with section 269 , 270…
Section 273 — Effect of waiver
273 Effect of waiver (1) A waiver by a lessor of the benefit of any covenant or condition of a lease— (a) extends only to the instance or breach to which the waiver particularly relates; and (b) is…
Section 274 — Administrator not personally liable
274 Administrator not personally liable (1) This section applies to an administrator of the estate of a person who, at the time of that person’s death, was liable to— (a) pay the rent payable under a…
Section 275 — Sections 276 to 278 apply to covenants express or implied
275 Sections 276 to 278 apply to covenants express or implied Sections 276 to 278 apply not only to covenants expressed in an instrument, but also to covenants implied, by this Act or any other…
Section 276 — Effect of covenants made by 2 or more covenantors
276 Effect of covenants made by 2 or more covenantors A covenant made by 2 or more covenantors binds both or all the covenantors jointly and severally, unless a contrary intention appears in the…
Section 277 — Effect of covenants for benefit of 2 or more covenantees
277 Effect of covenants for benefit of 2 or more covenantees A covenant for the benefit of 2 or more covenantees binds the covenantor to perform the obligations under the covenant for the benefit of…
Section 278 — Covenants persons made with themselves
278 Covenants persons made with themselves (1) A covenant that a person made with himself, herself, or itself is enforceable in the same way as a covenant that that person made with 1 or more people,…