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CONVEYANCING AND LAW OF PROPERTY ACT 1892

CONVEYANCING AND LAW OF PROPERTY ACT 1892 - LONG TITLE

An Act to amend the Conveyancing and Law of Property Act, 1881.
[20th June 1892]
Preliminary

CONVEYANCING AND LAW OF PROPERTY ACT 1892 - SECT 1

1.(1) This Act may be cited as the Conveyancing and Law of
Property Act, 1892, and the Conveyancing and Law of Property Act,
1881, and the Conveyancing Act, 1882, and this Act shall be read
together and may be cited together as the Conveyancing Acts, 1881,
1882, and 1892.

Costs of waiver, and forfeiture in case of bankruptcy or execution.

CONVEYANCING AND LAW OF PROPERTY ACT 1892 - SECT 2

2.(1) A lessor shall be entitled to recover as a debt due to him
from a 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 a 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 the Conveyancing and Law of Property Act, 1881,
or of this Act.

(2) Sub-section six of section fourteen of the Conveyancing and Law
of Property Act, 1881, is to apply to a condition for forfeiture
on bankruptcy of the lessee, or on taking in execution of the
lessee's interest only after the expiration of one year from the
date of the bankruptcy, or taking in execution, and provided the
lessee's interest be not sold within such one year, but in case
the lessee's interest be sold within such one year, sub-section six
shall cease to be applicable thereto.

(3) Sub-section two of this section is not to apply to any lease
of

(a)Agricultural or pastoral land:

(b)Mines or minerals:

(c)A house used or intended to be used as a public-house or
beershop:

(d)A house let as a dwelling-house, with the use of any furniture,
books, works of art, or other chattels not being in the nature of
fixtures:

(e)Any property with respect to which the personal qualifications of
the tenant are of importance for the preservation of the value or
character of the property, or on the ground of neighbourhood to the
lessor, or to any person holding under him.

CONVEYANCING AND LAW OF PROPERTY ACT 1892 - SECT 3
No fine to be exacted for licence to assign.

3. In all leases, containing a covenant, condition, or agreement
against assigning, underletting, or parting with the possession, or
disposing of the land or property leased without licence or consent,
such 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
such licence or consent; but this 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 such licence or
consent.

CONVEYANCING AND LAW OF PROPERTY ACT 1892 - SECT 4
Power of court to protect under-lessees on forfeiture of superior
leases.

4. 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 such person for that
purpose, make an order vesting for the whole term of the lease or
any less term the property comprised in the lease or any part
thereof in any person entitled as under-lessee to any estate or
interest in such 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 shall think 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.

CONVEYANCING AND LAW OF PROPERTY ACT 1892 - SECT 5
Extension of definitions of ""lease,'' ""under-lease,'' and
""under-lessee.''

5. In section fourteen of the Conveyancing and Law of Property Act,
1881, as amended by this Act, and in this Act, "lease" shall also
include an agreement for a lease where the lessee has become
entitled to have his lease granted, and "under-lease" shall also
include an agreement for an under-lease where the under-lessee has
become entitled to have his under-lease granted, and in this Act
"under-lessee" shall include any person deriving title under or from
an under-lessee.

S.6 rep. by 1893 c.53 s.51 sch.