The Gazette 1971

compensation for the breach, and if the lessee fails,

within a reasonable time thereafter to remedy the

breach, if it is capable of remedy, and to make reas-

onable compensation in money, to the satisfaction of

the lessor for the breach.

(2) Where the lessor is proceeding, by action or

otherwise, to enforce such a right of re-entry of

forfeiture, the lessee may, in the lessor's action, if any,

or in any action brought by himself apply to the

Court for relief; and the Court may grant or refuse

relief, as the Court having regard to the proceedings

and conduct of the parties under the foregoing pro-

visions of this section and to all the circumstances,

thinks fit; and in case of relief may grant it on such

terms, if any, as to costs, expenses, damages, compen-

sation, penalty, or otherwise, including the granting

of an injunction to restrain any like breach in the

future as the Court, in the circumstances of each

case shall think fit.

(3) For the purposes of this section the lease in-

cludes an original or derivative under-lease, also a

grant at a fee-farm rent, or securing a rent by condi-

tion; and the lessee includes an original or derivative

under-lessee, and the heirs, executors, administrators

and assigns of a lessee also a grantee under such

grant as aforesaid, his heirs and assigns and a lessor

includes an original or derivative under-lessor, and

the heirs, executors, administrators and assigns of a

lessor, also a grantor as aforesaid and his heirs and

assigns.

(4) This section applies although the proviso or

stipulation under which the right of re-entry for

forfeiture accrues is inserted in the lease in pursu-

ance of the directions of any Act of Parliament.

(5) For the purposes of this section a lease limited

to continue as long only as the lessee abstains from

committing a breach of covenant shall be and take

effect as a lease to continue for any longer term for

which it could subsist, but determinable by a proviso

for re-entry on such breach.

(6) This section shall not extend to :

(1) a covenant or condition against the assign-

ing, under-letting, parting with the possession, or

disposing of land leased or

to a condition for

forfeiture on the bankruptcy of the lessee, or on

taking execution of the lessee's interest, or

(2) in case of a mining lease, to a covenant or

condition for allowing the lessor to have access to

or inspect books, accounts, records, weighing

machines or other things, or to enter or inspect

the mine or the workings thereof.

(7) The enactments described in Part 1 of the

Second Schedule to this Act are hereby repealed.

(8) This section shall not affect the law relating to

re-entry or forfeiture or relief in case of non-payment

of rent.

(9) This section applies to leases made either before

or after the commencement of this Act, and shall

have effect notwithstanding any stipulation to the

contrary.

The above is the full Section 14 of the Conveyancing

Act, 1881, taken from Hood and Chalise's

Conveyancing

Settled Land and Trustee Acts,

twelfth edition. Section

35 of the Landlord and Tenant (Ground Rents) Act,

1967, is in the following terms :

Section 35 (1), Sections 10 and 18 of the Landlord

and Tenant Law Amendment (Ireland) Act, 1860,

and in Section 14 (6) (1) of the Conveyancing Act,

1881, the words "to a covenant or conditions against

the assigning, under-letting, parting with the posses-

sion, or disposing of the land lease or"

are hereby

repealed.

(2) Where a breach of any agreement which, but

for this section, would have been a contravention of

the said Sections 10 or 18 took place before the com-

mencement of this Act and a right or re-entry or

forfeiture for the breach was not enforced and pro-

ceedings to enforce such right were not instituted

before such commendement, this section shall in rela-

tion to the breach be deemed to come into operation

immediately before the occurrence of the breach.

The above completes all the relevant sections referred

to in Section 35. In the White Paper issued as an

explanatory memorandum, it is pointed out that Section

35 repeals certain provisions in Deasy's Act which pro-

hibit assignment and sub-letting without the landlord's

written consent and extend to breaches of covenant

against assignment and sub-letting the same relief

against forfeiture as the Conveyancing Act, 1881,

extends to breaches of other covenants.

This would appear to be the full effect of the opera-

tion of this section, and it is a very salutary amendment

indeed.

P. C. Moore

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