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Relief Against Forfeiture of a Lease in Western Australia

Mugambwa, J.T. (2005) Relief Against Forfeiture of a Lease in Western Australia. University of Notre Dame Australia Law Review, 7 . pp. 61-81.

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At common law, a landlord has the right to enforce forfeiture of a lease where the tenant breaches a term that is expressed as a condition of the lease agreement. Breach of covenant, on the other hand, does not give a landlord a right to forfeit the lease unless such a right is expressly embodied in the lease agreement.2 In practice, this is rarely an issue as tenancies created by a formal document invariably reserve a right of forfeiture for breach of any covenant, including the covenant to pay rent.

Publication Type: Journal Article
Murdoch Affiliation: School of Law
Publisher: University of Notre Dame
Copyright: University of Notre Dame
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