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CONVEYANCING ACT 1881 - SECT 14

14.(1) A right of re-entry or forfeiture under any proviso or stipulation in a
lease, for a breach of any covenant or condition in the lease, shall not be
enforceable, by action or otherwise, unless and until the lessor serves on the
lessee a notice specifying the particular breach complained of and, if the
breach is capable of remedy, requiring the lessee to remedy the breach, and,
in any case, requiring the lessee to make compensation in money for the
breach, and the lessee fails, within a reasonable time thereafter, to remedy
the breach, if it is capable of remedy, and to make reasonable compensation in
money, to the satisfaction of the lessor, for the breach.

(2) Where a lessor is proceeding, by action or otherwise, to enforce such a
right of re-entry or 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 provisions of this
section, and to all the other circumstances, thinks fit; and in case of relief
may grant it on such terms, if any, as to costs, expenses, damages,
compensation, 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, thinks fit.

(3) For the purposes of this section a lease includes an original or
derivative under-lease, also a grant at a fee farm rent, or securing a rent by
condition; and a lessee includes an original or derivative under-lessee and
the heirs, executors, administrators, and assigns of a lessee, also a grantee
under such a 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 or forfeiture accrues is inserted in the lease in pursuance
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 a breach.

(6) This section does not extend

(i)To a covenant or condition against the assigning, under-letting, parting
with the possession, or disposing of the land leased; or to a condition for
forfeiture on the bankruptcy of the lessee, or on the taking in execution of
the lessee's interest; or

(ii)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.

Subs.(7) rep. by SLR 1894

(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.

Obligation on mortgagee to transfer instead of reconveying.

© 1881 Crown Copyright

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