§ 93 — Implied powers of lessors

93.—(1) In every lease of registered land made under this Act, there are implied the following powers in the lessor:(a)

that the lessor or the lessor’s agents, may twice in every year during the term at a reasonable time of the day, upon giving the lessee 2 days’ previous notice, enter upon the leased premises and view the state of repair thereof, and may serve on the lessee a written notice of any defect, requiring the lessee within a reasonable time to repair the same in accordance with any covenant in that behalf expressed or implied in the lease;

(b)

that, in default of the lessee repairing any defect according to notice, the lessor may from time to time enter the premises and effect the required repairs;

(c)

that the lessor or the lessor’s agents, may at all reasonable times during the term, with workmen and others and all necessary materials and appliances, enter upon the leased premises or any part thereof for the purpose of complying with any written law affecting the premises and with any notices served on the lessor or the lessee by any public authority involving the carrying out of repairs or the doing of any work or other act which the lessee may not be bound, or, if bound, may neglect to do, and also for the purpose of exercising the powers and authorities of the lessor under the lease:Provided that such repairs, work or other acts are carried out or done without undue interference with the occupation and use of the premises by the lessee;

(d)

that where —(i)

the rent or any part thereof is in arrear for the space of 30 days (although no formal demand therefor has been made);

(ii)

default is made in the fulfilment of any covenant, condition or stipulation, whether expressed or implied in the lease, and on the part of the lessee to be performed or observed, and such default is continued for the space of 30 days; or

(iii)

the repairs required by a notice under paragraph (a) are not completed within the time therein specified,

the lessor may re-enter the leased premises (or on any part thereof in the name of the whole) and thereby determine the estate of the lessee therein, but without releasing the lessee from liability in respect of the breach or non‑observance of any such covenant, condition or stipulation.

(2) The powers implied by this section may be varied or negatived by express provision in the lease.

(3) This section must be read subject to any written law imposing restrictions or conditions on re‑entry or forfeiture or on ejectment of tenants.

(4) Section 10 of the Conveyancing and Law of Property Act 1886 applies to a lease of registered land as if the powers implied by this section had been set forth or contained in the lease.

—(1) In every lease of registered land made under this Act, there are implied the following powers in the lessor:(a)

that the lessor or the lessor’s agents, may twice in every year during the term at a reasonable time of the day, upon giving the lessee 2 days’ previous notice, enter upon the leased premises and view the state of repair thereof, and may serve on the lessee a written notice of any defect, requiring the lessee within a reasonable time to repair the same in accordance with any covenant in that behalf expressed or implied in the lease;

(b)

that, in default of the lessee repairing any defect according to notice, the lessor may from time to time enter the premises and effect the required repairs;

(c)

that the lessor or the lessor’s agents, may at all reasonable times during the term, with workmen and others and all necessary materials and appliances, enter upon the leased premises or any part thereof for the purpose of complying with any written law affecting the premises and with any notices served on the lessor or the lessee by any public authority involving the carrying out of repairs or the doing of any work or other act which the lessee may not be bound, or, if bound, may neglect to do, and also for the purpose of exercising the powers and authorities of the lessor under the lease:Provided that such repairs, work or other acts are carried out or done without undue interference with the occupation and use of the premises by the lessee;

(d)

that where —(i)

the rent or any part thereof is in arrear for the space of 30 days (although no formal demand therefor has been made);

(ii)

default is made in the fulfilment of any covenant, condition or stipulation, whether expressed or implied in the lease, and on the part of the lessee to be performed or observed, and such default is continued for the space of 30 days; or

(iii)

the repairs required by a notice under paragraph (a) are not completed within the time therein specified,

the lessor may re-enter the leased premises (or on any part thereof in the name of the whole) and thereby determine the estate of the lessee therein, but without releasing the lessee from liability in respect of the breach or non‑observance of any such covenant, condition or stipulation.

(2) The powers implied by this section may be varied or negatived by express provision in the lease.

(3) This section must be read subject to any written law imposing restrictions or conditions on re‑entry or forfeiture or on ejectment of tenants.

(4) Section 10 of the Conveyancing and Law of Property Act 1886 applies to a lease of registered land as if the powers implied by this section had been set forth or contained in the lease.