- Laws of Fiji

Last Updated: 1 August 2020

[PL 97] Rent and benefit of lessee’s covenants to run with reversion97

(1) Rent reserved by a lease and the benefit of every covenant or provision therein having reference to the subject matter thereof, and on the lessee’s part to be observed or performed, and every condition of re-entry and other condition therein, shall be annexed and incident to and shall go with the reversionary estate in the land or in any part thereof immediately expectant on the term granted by the lease, notwithstanding severance of that reversionary estate, and may be recovered, received, enforced and taken advantage of by the person from time to time entitled, subject to the term, to the income of the whole or any part, as the case may require, of the land leased. This subsection shall extend to a covenant to do any act relating to the land, notwithstanding that the subject matter may not be in existence when the covenant is made.

(2) The benefit of every condition of re-entry or forfeiture for a breach of any covenant or condition contained in a lease shall be capable of being enforced and taken advantage of by the person from time to time entitled, subject to the term, to the income of the whole or any part, as the case may require, of the land leased, although that person became, by transfer or otherwise, so entitled after the condition of re-entry or forfeiture had become enforceable.

(3) This section shall not render enforceable any condition of re-entry or other condition waived or released before that person became entitled as aforesaid.

(4) This section shall apply to leases whether made before or after the commencement of this Act, but with respect only to rent accruing due after the commencement of this Act, and to the benefit of a condition of re-entry or forfeiture for a breach committed after the commencement of this Act of any covenant, condition or provisions contained in the lease.

(5) In the case of leases registered under the provisions of the Land (Transfer and Registration) Act 1971 before the commencement of this Act, with respect to rent accrued due before the commencement of this Act, and to the benefit of a condition of re-entry or forfeiture for a breach committed before the commencement of this Act of any covenant, condition or provision contained in the lease, the provisions of section 50 of the Land (Transfer and Registration) Act 1971 shall continue to apply notwithstanding the repeal of that ordinance by the Land Transfer Act 1971.