On 25/05/2013,
you requested for the version in force on 25/05/2013
incorporating all amendments published on or before 25/05/2013.
The closest version currently available is that of 28/03/2013.
PART IX
LEASES
86.
—(1) In the interpretation of this Part, unless the context otherwise indicates or requires, “lease” includes a sublease; but nothing in this Part shall be taken to authorise the breach of a covenant against subletting.
(2) Part III of the Conveyancing and Law of Property Act (Cap. 61) shall apply, with the necessary modifications, to leases of registered land; but this Part shall not apply to leases of land made before that land has been brought under the provisions of this Act.
(3) Nothing in this Act shall affect any rule or principle of law relating to the quiet enjoyment of land by a lessee.
(4) Where there are standard terms and conditions applicable to leases, those terms and conditions may be incorporated in a lease by express reference thereto and they shall bind the respective lessor and lessee.
87.
—(1) Registered land may be leased for any term of years exceeding 7 years by an instrument of lease in the approved form.
(2) The Registrar shall not register any lease unless —
(a)
the term is expressed to exceed 7 years;
(b)
the date of commencement of the term and its maximum duration are certain; and
(c)
the lease purports to confer on the lessee exclusive possession of land.
(3) For the purposes of this section —
(a)
the fact that the term of a lease may be extended in pursuance of an option shall be taken into consideration in determining whether the term of the lease exceeds 7 years; and
(b)
the fact that a lease for a specified period of time is determinable on the happening of an event within that time shall not be taken into consideration in determining the term of the lease.
(4) A lease is not unregistrable by reason only of the fact that the possession of the lessee is expressed to be non-continuous.
(5) Nothing in this Part shall affect the law relating to tenancies for terms of 7 years or less.
88.
—(1) Registration of a lease containing an option for renewal or for purchase shall not give the option (whether in the form of a covenant or otherwise) any greater effect than it would have had without such registration.
(2) The memorial of registration of a lease containing an option shall refer to the option.
(3) After the determination of a lease containing an option, and whether or not the determination has been registered or notified on the land-register, a purchaser of land affected by the lease shall not be concerned to inquire whether any unregistered interest has been created in pursuance of the option.
(4) In registering or notifying the determination of a lease containing an option, the Registrar shall not be concerned to inquire whether the option has been exercised.
89.
—(1) A lease of registered land which is subject to a mortgage shall not bind the mortgagee unless —
(a)
the lease is expressly or impliedly authorised, either by the mortgage or by law; or
(b)
the mortgagee consents to the lease.
(2) This section shall not entitle a mortgagee to refuse to produce the instrument of title (if in his custody) to enable a lease by the mortgagor to be registered, but the production by a mortgagee of the instrument shall not imply a consent to the lease.
(3) When evidence is furnished to the Registrar that a mortgagee has consented to a lease by the mortgagor, the Registrar shall refer to that consent in the memorial of registration of the lease.
(4) This section shall apply, with the necessary modifications, to leases executed by chargors of registered land.
90. The Registrar shall not be concerned to consider whether or not any dealing by a lessee is made in breach of a covenant against assigning or subletting.
[25/2001]
91.
—(1) A lease of registered land may be surrendered —
(a)
by an instrument of surrender in the approved form; or
(b)
by operation of law.
(2) A surrender shall be registered by the entry of a memorial on the relevant folio.
(3) Registration of the surrender (whether consequent upon merger or otherwise) of a lease which is subject to a sublease shall not extinguish the sublease, but the Registrar shall enter a memorial of registration of the sublease on the relevant folio, and the estate evidenced by that folio shall, to the extent and for the purpose of preserving such incidents and obligations as would otherwise have subsisted, be deemed to be the reversion expectant on the sublease.
(4) An instrument of surrender shall be executed by the lessee and by any mortgagee or chargee of the term and shall be accepted by the proprietor and by any mortgagee or chargee of the reversion.
(5) A proprietor seeking registration of a surrender by operation of law shall apply in writing to the Registrar and shall support his application by such evidence as the Registrar may reasonably require.
92.
—(1) Where a lease has been determined —
(a)
by effluxion of time;
(b)
by the happening of an event upon which the lease is expressed to determine; or
(c)
by lawful re-entry and recovery of possession,
the lessor may apply in writing to the Registrar to have a notification of the determination entered on the relevant folio.
(2) An application under this section shall be supported by evidence of the happening of the event or of the lawful re-entry.
(3) The Registrar may of his own motion enter a notification of the determination of a lease which has expired by effluxion of time.
93.
—(1) In every lease of registered land made under this Act, there shall be implied the following powers in the lessor:
(a)
that he may by himself or his agents 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 notice in writing of any defect, requiring him 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 he may by himself or his agents 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 shall be 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 him 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 shall 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 (Cap. 61) shall apply to a lease of registered land as if the powers implied by this section had been set forth or contained in the lease.