Conveyancing (Leases and Tenancies) Act 1954


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Conveyancing (Leases and Tenancies) Act 1954

c i e
AT 3 of 1954

CONVEYANCING (LEASES AND

TENANCIES) ACT 1954

Conveyancing (Leases and Tenancies) Act 1954 Index


c AT 3 of 1954 Page 3

c i e
CONVEYANCING (LEASES AND TENANCIES) ACT

1954

Index Section Page

1 Short title and construction ........................................................................................... 5
2 Saving clause ................................................................................................................... 5
3 Interpretation ................................................................................................................... 5
4 Effect of extinguishment of reversion .......................................................................... 6
5 Apportionment of conditions on severance ................................................................ 7
6 Rent and benefit of lessee’s covenants to run with the reversion ............................ 8
7 Obligation of lessor’s covenants to run with reversion ............................................. 8
8 Effect of licences granted to lessees .............................................................................. 9
9 No fine to be exacted for licence to assign ................................................................ 10
10 Lessee to give notice of ejectment to lessor ............................................................... 10
11 Restrictions on and relief against forfeiture of leases and under-leases ............... 10
12 Provisions as to covenants to repair ........................................................................... 13
13 Relief against notice to effect decorative repairs ...................................................... 14
14 Waiver of a covenant in a lease ................................................................................... 14
15 Leasing powers of mortgagor ..................................................................................... 15
16 Surrender of a lease, without prejudice to under-leases with a view to the
grant of a new lease ...................................................................................................... 16
17 Provision as to attornments by tenants ..................................................................... 17
18 Leases invalidated by reason of non-compliance with terms of powers
under which they are granted ..................................................................................... 17
19 Application to existing leases ...................................................................................... 19
20 Service of notices ........................................................................................................... 19
21 [Repealed] ...................................................................................................................... 20
22 Commencement of Act ................................................................................................ 20
SCHEDULE 21

ENDNOTES 23

TABLE OF LEGISLATION HISTORY 23
TABLE OF RENUMBERED PROVISIONS 23
Index Conveyancing (Leases and Tenancies) Act 1954


Page 4 AT 3 of 1954 c

TABLE OF ENDNOTE REFERENCES 23

Conveyancing (Leases and Tenancies) Act 1954 Section 1


c AT 3 of 1954 Page 5

c i e
CONVEYANCING (LEASES AND TENANCIES) ACT

1954

Received Royal Assent: 21 December 1954
Passed: 15 February 1955
Commenced:
AN ACT
to simplify and improve the practice of Conveyancing in relation to
leases and tenancies of real estate.
1 Short title and construction

(1) This Act may be cited as the Conveyancing (Leases and Tenancies) Act,
1954.
(2) This Act shall be construed as one with the Landlord and Tenant Act,
1954, the Tenancies (Implied Terms) Act, 1954, and the Recovery of Rent
Act, 1954, and such Acts and this Act may be together cited as the
Landlord and Tenant Acts, 1954.
(3) This Act and the Conveyancing Acts, 1908 and 1922, may be together
cited as the Conveyancing Acts, 1908 to 1954.
2 Saving clause

Where any of the provisions of this Act are inconsistent with —
(a) the Agricultural Holdings Act 1969;
(b) the Tenancy of Business Premises Act 1971; or
(c) the Agricultural Tenancies Act 2008,
the provisions of those Acts shall prevail.1

3 Interpretation

[M1908/2; E1925/203, 205]
In this Act, unless the context otherwise requires, the following expressions
have the meanings hereby assigned to them respectively, that is to say: —
Section 4 Conveyancing (Leases and Tenancies) Act 1954


Page 6 AT 3 of 1954 c

“building purposes
” includes the erecting and improving of, and the adding to,
and the repairing of buildings; and a “building lease
” is a lease for
building purposes or purposes connected therewith;
“instrument
” includes deed, will, inclosure award, Act of Tynwald or Act of the
Imperial Parliament;
“land
” includes land of any tenure, and mines and minerals, whether or not
held apart from the surface, buildings or parts of buildings (whether the
division is horizontal, vertical or made in any other way) and other
corporeal hereditaments; also an advowson, and a rent and other
incorporeal hereditaments, and an easement, right, privilege, or benefit
in, over, or derived from, land; and an undivided share in land; and
“mines and minerals
” includes any strata or seam of minerals or
substances in or under any land, and powers of working and getting the
same; and “hereditament
” means any real property which on an
intestacy might devolve, or might have devolved, upon an heir;
A “mining lease
” means a lease for mining purposes, that is, for searching for,
winning, working, getting, making merchantable, carrying away, or
disposing of mines and minerals, or purposes connected therewith, and
includes a grant or licence for mining purposes;
“notice
” includes constructive notice;
“personal representative
” means the executor, original or by representation, or
administrator for the time being of a deceased person;
“possession
” includes receipt of rents and profits or the right to receive the
same, if any; and “income
” includes rents and profits;
“property
” includes any interest in real property;
“rent
” includes a rent service or a rent charge, or other rent, toll, duty, royalty,
or annual or periodical payment in money or money’s worth reserved or
issuing out of or charged upon land, but does not include mortgage
interest; “fine
” includes a premium or foregift and any payment,
consideration or benefit in the nature of a fine, premium or foregift;
“lessor
” includes an underlessor and a person deriving title under a
lessor or underlessor; and “lessee
” includes an underlessee and a person
deriving title under a lessee or under-lessee; and “lease
” includes an
underlease or other tenancy.
4 Effect of extinguishment of reversion

[E1925/139]
(1) Where a reversion expectant on a lease of land is surrendered or merged,
the estate or interest which as against the lessee for the time being
confers the next vested right to the land, shall be deemed the reversion
for the purpose of preserving the same incidents and obligations as
Conveyancing (Leases and Tenancies) Act 1954 Section 5


c AT 3 of 1954 Page 7

would have affected the original reversion had there been no surrender
or merger thereof.
(2) This section applies to surrenders or mergers effected either before or
after the commencement of this Act.
5 Apportionment of conditions on severance

[E1925/140; M1908/10 (Amplified re-enactment)]
(1) Notwithstanding the severance by conveyance, surrender, or otherwise
of the reversionary estate in any land comprised in a lease, and
notwithstanding the avoidance or cesser in any other manner of the term
granted by a lease as to part only of the land comprised therein, every
condition or right of re-entry and every other condition contained in the
lease, shall be apportioned, and shall remain annexed to the severed
parts of the reversionary estate as severed, and shall be in force with
respect to the term whereon each severed part is reversionary, or the
term in the part of the land as to which the term has not been
surrendered, or has not been avoided or has not otherwise ceased, in like
manner as if the land comprised in each severed part, or the land as to
which the term remains subsisting, as the case may be, had alone
originally been comprised in the lease.
(2) In this section, ‘right of re-entry’ includes a right to determine the lease
by notice to quit or otherwise; but where the notice is served by a person
entitled to a severed part of the reversion so that it extends to part only of
the land demised, the lessee may within one month determine the lease
in regard to the rest of the land by giving to the owner of the
reversionary estate therein a counter notice expiring at the same time as
the original notice:
Provided that where the land demised is an agricultural holding within
the meaning of the Agricultural Holdings Acts for the time being in
force, the tenant on whom notice to quit is served by the person entitled
to a severed part of the reversion may at any time within twenty-eight
days of the service of such notice to quit, serve on the persons severally
entitled to the severed parts of the reversion a notice in writing to the
effect that he accepts the notice to quit as a notice to quit the entire
holding given by the persons so severally entitled to take effect at the
same time as the original notice.
(3) This section applies to leases made before or after the commencement of
this Act and whether the severance of the reversionary estate or the
partial avoidance or cesser of the term was effected before or after such
commencement.
Section 6 Conveyancing (Leases and Tenancies) Act 1954


Page 8 AT 3 of 1954 c

6 Rent and benefit of lessee’s covenants to run with the reversion

[E1925/141]
(1) Rent reserved by a lease, and the benefit of every covenant or provision
therein contained, 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 contained, 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 without
prejudice to any liability affecting a covenantor or his estate.
(2) Any such rent, covenant or provision shall be capable of being 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.
(3) Where that person becomes entitled by conveyance or otherwise, such
rent, covenant or provision may be recovered, received, enforced or
taken advantage of by him notwithstanding that he becomes so entitled
after the condition of re-entry or forfeiture has become enforceable, but
this subsection does not render enforceable any condition of re-entry or
other condition waived or released before such person becomes entitled
as aforesaid.
(4) This section applies to leases made before or after the commencement of
this Act, but does not affect the operation of —
(a) any severance of the reversionary estate; or
(b) any acquisition by conveyance or otherwise of the right to receive
or enforce any rent covenant or provision;
effected before the commencement of this Act.
7 Obligation of lessor’s covenants to run with reversion

[E1925/142; Manx 1908/9]
(1) The obligation under a condition or of a covenant entered into by a lessor
with reference to the subject matter of the lease shall, if and as far as the
lessor has power to bind the reversionary estate immediately expectant
on the term granted by the lease, be annexed and incident to and shall go
with that reversionary estate, or the several parts thereof,
notwithstanding severance of that reversionary estate, and may be taken
advantage of and enforced by the person in whom the term is from time
to time vested by conveyance, devolution in law, or otherwise; and, if
and as far as the lessor has power to bind the person from time to time
entitled to that reversionary estate, the obligation aforesaid may be taken
advantage of and enforced against any person so entitled.
Conveyancing (Leases and Tenancies) Act 1954 Section 8


c AT 3 of 1954 Page 9

(2) This section applies to leases made before or after the commencement of
this Act, whether the severance of the reversionary estate was effected
before or after such commencement.
This section takes effect without prejudice to any liability affecting a
covenantor or his estate.
8 Effect of licences granted to lessees

[E1925/143; Formerly E1859]
(1) Where a licence is granted to a lessee to do any act, the licence, unless
otherwise expressed, extends only —
(a) to the permission actually given; or
(b) to the specific breach of any provision or covenant referred to; or
(c) to any other matter thereby specifically authorised to be done;
and the licence does not prevent any proceeding for any subsequent
breach unless otherwise specified in the licence.
(2) Notwithstanding any such licence —
(a) All rights under covenants and powers of re-entry contained in
the lease remain in full force and are available as against any
subsequent breach of covenant, condition or other matter not
specifically authorised or waived, in the same manner as if no
licence had been granted; and
(b) The condition or right of entry remains in force in all respects as if
the licence had not been granted, save in respect of the particular
matter authorised to be done.
(3) Where in any lease there is a power or condition of re-entry on the lessee
assigning, sub-letting or doing any other specified act without a licence,
and a licence is granted —
(a) to any one of two or more lessees to do any act, or to deal with his
share or interest; or
(b) to any lessee, or to any one of two or more lessees to assign or
underlet part only of the property, or to do any act in respect of
part only of the property;
the licence does not operate to extinguish the right of entry in case of any
breach of covenant or condition by the co-lessees of the other shares or
interests in the property, or by the lessee or lessees of the rest of the
property (as the case may be) in respect of such shares or interests or
remaining property, but the right of entry remains in force in respect of
the shares, interests or property not the subject of the licence.
(4) This section applies to licences granted before or after the
commencement of this Act.
Section 9 Conveyancing (Leases and Tenancies) Act 1954


Page 10 AT 3 of 1954 c

9 No fine to be exacted for licence to assign

[E1925/144; Manx 1908/16]
In all leases containing a covenant, condition, or agreement against assigning,
underletting, or parting with possession, or disposing of the land or property
leased without licence or consent, such covenant, condition, or agreement shall,
unless the lease contains an express provision to the contrary, be deemed to be
subject to a proviso to the effect that no fine or sum of money in the nature of a
fine shall be payable for or in respect of such licence or consent; but this proviso
does not preclude the right to require the payment of a reasonable sum in
respect of any legal or other expense incurred in relation to such licence or
consent.
10 Lessee to give notice of ejectment to lessor

[E1925/145]
Every lessee to whom there is delivered any summons for the recovery of
premises demised to or held by him, or to whose knowledge any such summons
comes, shall forthwith give notice thereof to his lessor or his agent, and, if he
fails so to do, he shall be liable to forfeit to the person of whom he holds the
premises an amount equal to the value of three years’ improved or rack rent of
the premises, to be recovered by proceedings in any court having jurisdiction in
respect of claims for such an amount.
11 Restrictions on and relief against forfeiture of leases and under-leases

[E1925/146; Manx 1908/13(1) (2) and (4); Manx 1908/14 (1) (not identical); Manx 1908/15]
(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 —
(a) specifying the particular breach complained of; and
(b) if the breach is capable of remedy, requiring the lessee to remedy
the breach; and
(c) 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,
Conveyancing (Leases and Tenancies) Act 1954 Section 11


c AT 3 of 1954 Page 11

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) A lessor shall be entitled to recover as a debt due to him from a lessee,
and in addition to damages (if any), all reasonable costs and expenses
properly incurred by the lessor in the employment of an advocate and
surveyor or valuer, or otherwise, in reference to any breach giving rise to
a right of re-entry or forfeiture which, at the request of the lessee, is
waived by the lessor, or from which the lessee is relieved, under the
provisions of this Act.
(4) Where a lessor is proceeding by action or otherwise to enforce a right of
re-entry or forfeiture under any covenant, proviso, or stipulation in a
lease, or for non-payment of rent, the court may, on application by any
person claiming as under-lessee any estate or interest in the property
comprised in the lease or any part thereof, either in the lessor’s action (if
any) or in any action brought by such person for that purpose, make an
order vesting, for the whole term of the lease or any less term, the
property comprised in the lease or any part thereof in any person entitled
as under-lessee to any estate or interest in such property upon such
conditions as to execution of any deed or other document, payment of
rent, costs, expenses, damages, compensation, giving security, or
otherwise, as the court in the circumstances of each case may think fit,
but in no case shall any such under-lessee be entitled to require a lease to
be granted to him for any longer term than he had under his original
sub-lease.
(5) For the purposes of this section —
(a) ‘Lease’ includes an original or derivative under-lease; also an
agreement for a lease where the lessee has become entitled to have
his lease granted; also a grant at a fee farm rent, or securing a rent
by condition; also a contract of tenancy within the meaning of the
Tenancies (Implied Terms) Act, 1954.
(b) ‘Lessee’ includes an original or derivative under-lessee, and the
persons deriving title under a lessee; also a grantee under any
such grant as aforesaid and the persons deriving title under him;
also a tenant within the meaning of the Tenancies (Implied Terms)
Act, 1954.
(c) ‘Lessor’ includes an original or derivative under-lessor and the
persons deriving title under a lessor; also a person making such
grant as aforesaid and the persons deriving title under him; also a
landlord within the meaning of the Tenancies (Implied Terms) Act,
1954.
(d) ‘Under-lease’ includes an agreement for an under-lease where the
under-lessee has become entitled to have his under-lease granted;
Section 11 Conveyancing (Leases and Tenancies) Act 1954


Page 12 AT 3 of 1954 c

(e) ‘Under-lessee’ includes any person deriving title under an under-
lessee.
(6) 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 Tynwald or any Act of the Imperial
Parliament applying to the Isle of Man.
(7) 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.
(8) This section does not extend —
(i) To a covenant or condition against assigning, underletting,
parting with the possession, or disposing of the land leased
where the breach occurred before the commencement of
this Act; or
(ii) In the 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.
(9) This section does not apply to a condition for forfeiture on the
bankruptcy of the lessee or on taking in execution of the lessee’s interest
if contained in a lease of —
(a) Agricultural or pastoral land;
(b) Mines or minerals;
(c) A house used or intended to be used as a public-house or beer-
shop;
(d) A house let as a dwelling-house, with the use of any furniture,
books, works of art, or other chattels not being in the nature of
fixtures;
(e) Any property with respect to which the personal qualifications of
the tenant are of importance for the preservation of the value or
character of the property, or on the ground of neighbourhood to
the lessor, or to any person holding under him.
(10) Where a condition of forfeiture on the bankruptcy of the lessee or on
taking in execution of the lessee’s interest is contained in any lease, other
than a lease of any of the classes mentioned in the last sub-
section, then —
(a) if the lessee’s interest is sold within one year from the bankruptcy
or taking in execution, this section applies to the forfeiture
condition aforesaid;
(b) if the lessee’s interest is not sold before the expiration of that year,
this section only applies to the forfeiture condition aforesaid
Conveyancing (Leases and Tenancies) Act 1954 Section 12


c AT 3 of 1954 Page 13

during the first year from the date of the bankruptcy or taking in
execution.
(11) This section does not, save as otherwise mentioned, affect the law
relating to re-entry or forfeiture or relief in case of non-payment of rent.
(12) Nothing in subsection (8), subsection (9) and subsection (10) of this
section shall affect the provisions of subsection (4) of this section.
(13) This section has effect notwithstanding any stipulation to the contrary.
12 Provisions as to covenants to repair

[LTA 1927/18]
(1) Damages for a breach of a covenant or agreement to keep or put
premises in repair during the currency of a lease, or to leave or put
premises in repair at the termination of a lease, whether such covenant or
agreement is expressed or implied, and whether general or specific shall
in no case exceed the amount (if any) by which the value of the reversion
(whether immediate or not) in the premises is diminished owing to the
breach of such covenant or agreement as aforesaid; and in particular no
damage shall be recovered for a breach of any such covenant or
agreement to leave or put premises in repair at the termination of a lease,
if it is shown that the premises, in whatever state of repair they might be,
would at or shortly after the termination of the tenancy have been or be
pulled down, or such structural alterations made therein as would
render valueless the repairs covered by the covenant or agreement.
(2) A right of re-entry or forfeiture for a breach of any such covenant or
agreement as aforesaid shall not be enforceable, by action or otherwise,
unless the lessor proves that the fact that such a notice, as is required by
section 11 of this Act, had been served on the lessee was known either —
(a) to the lessee; or
(b) to an under-lessee holding under an under-lease which reserved a
nominal reversion only to the lessee; or
(c) to the person who last paid the rent due under the lease either on
his own behalf or as agent for the lessee or under-lessee,
and that a time reasonably sufficient to enable the repairs to be executed
had elapsed since the time when the fact of the service of the notice came
to the knowledge of any such person.
Where a notice has been sent by registered post addressed to a person at
his last known place of abode in the Isle of Man or the United Kingdom,
then, for the purposes of this subsection, that person shall be deemed,
unless the contrary is proved, to have had knowledge of the fact that the
notice had been served as from the time at which the letter would have
been delivered in the ordinary course of post.
This subsection shall be construed as one with section 11 of this Act.
Section 13 Conveyancing (Leases and Tenancies) Act 1954


Page 14 AT 3 of 1954 c

(3) This section applies whether the lease was created before or after the
commencement of this Act.
13 Relief against notice to effect decorative repairs

[E1925/147]
(1) After a notice is served on a lessee relating to the internal decorative
repairs to a house or other building, he may apply to the court for relief,
and if, having regard to all the circumstances of the case (including in
particular the length of the lessee’s term or interest remaining
unexpired), the court is satisfied that the notice is unreasonable, it may,
by order, wholly or partially relieve the lessee from liability for such
repairs.
(2) This section does not apply —
(i) where the liability arises under an express covenant or agreement
to put the property in a decorative state of repair and the
covenant or agreement has never been performed;
(ii) to any matter necessary or proper —
(a) for putting or keeping the property in a sanitary condition;
or
(b) for the maintenance or preservation of the structure;
(iii) to any statutory liability to keep a house in all respects reasonably
fit for human habitation;
(iv) to any covenant or stipulation to yield up the house or other
building in a specified state of repair at the end of the term.
(3) In this section, ‘lease’ includes an under-lease and an agreement for a
lease, and ‘lessee’ has a corresponding meaning and includes any person
liable to effect the repairs.
(4) This section applies whether the notice is served before or after the
commencement of this Act, and has effect notwithstanding any
stipulation to the contrary.
14 Waiver of a covenant in a lease

[E1925/148]
(1) Where any actual waiver by a lessor or the persons deriving title under
him of the benefit of any covenant or condition in any lease is proved to
have taken place in any particular instance, such waiver shall not be
deemed to extend to any instance, or to any breach of covenant or
condition save that to which such waiver specially relates, nor operate as
a general waiver of the benefit of any such covenant or condition.
(2) This section applies unless a contrary intention appears and extends to
waivers effected before or after the commencement of this Act.
Conveyancing (Leases and Tenancies) Act 1954 Section 15


c AT 3 of 1954 Page 15

15 Leasing powers of mortgagor

[M1908/20]
(1) A mortgagor of land while in possession shall, as against every
incumbrancer, have, by virtue of this section, power to make from time
to time any such lease of the mortgaged land, or any part thereof, as is in
this section described and authorised.
(2) The leases which this section authorises are for any term not exceeding
twenty-one years.
(3) Every person making a lease under this section may execute and do all
assurances and things necessary or proper in that behalf.
(4) Every such lease shall be made to take effect in possession not later than
twelve months after its date.
(5) Every such lease shall reserve the best rent that can reasonably be
obtained, regard being had to the circumstances of the case, but without
any fine being taken.
(6) Every such lease shall contain covenants by the lessee for payment of the
rent, and a condition of re-entry on the rent not being paid within a time
therein specified, not exceeding thirty days.
(7) In case of a lease by a mortgagor, he shall permit the mortgagee at all
reasonable times to inspect such lease, and take extracts therefrom, or a
copy thereof.
(8) A contract to make or accept a lease under this section may be enforced
by or against every person on whom the lease if granted would be
binding.
(9) This section applies only if and as far as a contrary intention is not
expressed by the mortgagor and mortgagee in the mortgage deed, or
otherwise in writing, and shall have effect subject to the terms of the
mortgage deed or of any such writing and to the provisions therein
contained.
(10) Nothing in this section shall prevent the mortgage deed from reserving
to or conferring on the mortgagor or the mortgagee, or both, any further
or other powers of leasing or having reference to leasing; and any further
or other powers so reserved or conferred shall be exercisable, as far as
may be, as if they were conferred by this section, and with all the like
incidents, effects, and consequences, unless a contrary intention is
expressed in the mortgage deed.
(11) Nothing in this section shall be construed to enable a mortgagor to make
a lease for any longer term or on any other conditions than such as could
have been granted or imposed by the mortgagor, with the concurrence of
all the incumbrancers, if this section had not been passed.
Section 16 Conveyancing (Leases and Tenancies) Act 1954


Page 16 AT 3 of 1954 c

(12) This section applies only in the case of a mortgage made after the 6th day
of July, 1908; but the provisions thereof, or any of them, may, by
agreement in writing made after the 6th day of July, 1908, between the
mortgagor and mortgagee, be applied to a mortgage made before the 6th
day of July, 1908, so, nevertheless, that any such agreement shall not
prejudicially affect any right or interest of any mortgagee not joining in
or adopting the agreement.
(13) The provisions of this section referring to a lease shall be construed to
extend and apply, as far as circumstances admit, to any letting, and to an
agreement in writing for leasing or letting.
16 Surrender of a lease, without prejudice to under-leases with a view to

the grant of a new lease

[E1925/150]
(1) A lease may be surrendered with a view to the acceptance of a new lease
in place thereof, without a surrender of any under-lease derived
thereout.
(2) A new lease may be granted and accepted, in place of any lease so
surrendered, without any such surrender of an under-lease as aforesaid,
and the new lease operates as if all under-leases derived out of the
surrendered lease had been surrendered before the surrender of that
lease was effected.
(3) The lessee under the new lease and any person deriving title under him
is entitled to the same rights and remedies in respect of the rent reserved
by and the convenants, agreements and conditions contained in any
under-lease as if the original lease had not been surrendered but was or
remained vested in him.
(4) Each under-lessee and any person deriving title under him is entitled to
hold and enjoy the land comprised in his under-lease (subject to the
payment of any rent reserved by and to the observance of the covenants,
agreements and conditions contained in the under-lease) as if the lease
out of which the under-lease was derived had not been surrendered.
(5) The lessor granting the new lease and any person deriving title under
him is entitled to the same remedies, by arrest or entry in and upon the
land comprised in any such under-lease for rent reserved by or for
breach of any covenant, agreement or condition contained in the new
lease (so far only as the rents reserved by or the covenants, agreements or
conditions contained in the new lease do not exceed or impose greater
burdens than those reserved by or contained in the original lease out of
which the under-lease is derived) as he would have had —
(a) If the original lease had remained on foot; or
(b) If a new under-lease derived out of the new lease had been
granted to the under-lessee or a person deriving title under him;
Conveyancing (Leases and Tenancies) Act 1954 Section 17


c AT 3 of 1954 Page 17

as the case may require.
(6) This section does not affect the powers of the court to give relief against
forfeiture.
17 Provision as to attornments by tenants

[E1925/151]
(1) Where land is subject to a lease —
(a) the conveyance of a reversion in the land expectant on the
determination of the lease; or
(b) the creation or conveyance of a rent-charge to issue or issuing out
of the land;
shall be valid without any attornment of the lessee;
Nothing in this subsection —
(i) affects the validity of any payment of rent by the lessee to
the person making the conveyance or grant before notice of
the conveyance or grant is given to him by the person
entitled thereunder; or
(ii) renders the lessee liable for any breach of covenant to pay
rent, on account of his failure to pay rent to the person
entitled under the conveyance or grant before such notice
is given to the lessee.
(2) An attornment by the lessee in respect of any land to a person claiming
to be entitled to the interest in the land of the lessor, if made without the
consent of the lessor, shall be void.
This subsection does not apply to an attornment —
(a) made pursuant to a judgment of a court of competent jurisdiction;
or
(b) to a mortgagee, by a lessee holding under a lease from the
mortgagor where the right of redemption is barred; or
(c) to any other person rightfully deriving title under the lessor.
18 Leases invalidated by reason of non-compliance with terms of powers

under which they are granted

[E1925/152]
(1) Where in the intended exercise of any power of leasing, whether
conferred by an Act of Tynwald or an Act of the Imperial Parliament or
any other instrument, a lease (in this section referred to as an invalid
lease) is granted, which by reason of any failure to comply with the terms
of the power is invalid, then —
(a) as against the person entitled after the determination of the
interest of the grantor to the reversion; or
Section 18 Conveyancing (Leases and Tenancies) Act 1954


Page 18 AT 3 of 1954 c

(b) as against any other person who, subject to any lease properly
granted under the power, would have been entitled to the land
comprised in the lease;
the lease, if it was made in good faith, and the lessee has entered
thereunder, shall take effect in equity as a contract for the grant, at the
request of the lessee, of a valid lease under the power, of like effect as the
invalid lease, subject to such variations as may be necessary in order to
comply with the terms of the power:
Provided that a lessee under an invalid lease shall not, by virtue of any
such implied contract, be entitled to obtain a variation of the lease if the
other persons who would have been bound by the contract are willing
and able to confirm the lease without variation.
(2) Where a lease granted in the intended exercise of such a power is invalid
by reason of the grantor not having power to grant the lease at the date
thereof, but the grantor’s interest in the land comprised therein continues
after the time when he might, in the exercise of the power, have properly
granted a lease in the like terms, the lease shall take effect as a valid lease
in like manner as if it had been granted at that time.
(3) Where during the continuance of the possession taken under an invalid
lease the person for the time being entitled, subject to such possession, to
the land comprised therein or to the rents and profits thereof, is able to
confirm the lease without variation, the lessee, or other person who
would have been bound by the lease had it been valid, shall, at the
request of the person so able to confirm the lease, be bound to accept a
confirmation thereof, and thereupon the lease shall have effect and be
deemed to have had effect as a valid lease from the grant thereof.
Confirmation under this subsection may be by a memorandum in
writing signed by or on behalf of the persons respectively confirming
and accepting the confirmation of the lease.
(4) Where a receipt or a memorandum in writing confirming an invalid lease
is, upon or before the acceptance of rent thereunder, signed by or on
behalf of the person accepting the rent, that acceptance shall, as against
that person, be deemed to be a confirmation of the lease.
(5) The foregoing provisions of this section do not affect prejudically —
(a) any right of action or other right or remedy to which, but for those
provisions or any enactment replaced by those provisions, the
lessee named in an invalid lease would or might have been
entitled under any covenant on the part of the grantor for title or
quiet enjoyment contained therein or implied thereby; or
(b) any right of re-entry or other right or remedy to which, but for
those provisions or any enactment replaced thereby, the grantor
or other person for the time being entitled to the reversion
expectant on the termination of the lease, would or might have
Conveyancing (Leases and Tenancies) Act 1954 Section 19


c AT 3 of 1954 Page 19

been entitled by reason of any breach of the covenants, conditions
or provisions contained in the lease and binding on the lessee.
(6) Where a valid power of leasing is vested in or may be exercised by a
person who grants a lease which, by reason of the determination of the
interest of the grantor or otherwise, can not have effect and continuance
according to the terms thereof independently of the power, the lease
shall for the purposes of this section be deemed to have been granted in
the intended exercise of the power although the power is not referred to
in the lease.
(7) This section does not apply to a lease of land held on charitable,
ecclesiastical or public trusts.
(8) This section takes effect without prejudice to the provision in this Act for
the grant of leases in the name and on behalf of the estate owner of the
land affected.
19 Application to existing leases

This Act, except where otherwise expressly provided, applies to leases created
before or after the commencement of this Act, and ‘lease’ includes an under-
lease or other tenancy.
20 Service of notices

[LTA 1927/23]
(1) Any notice, request, demand or other instrument under this Act shall be
in writing and may be served on the person on whom it is to be served
personally, or by leaving it for him at his last known place of abode in
the Isle of Man, or by sending it through the post in a registered letter
addressed to him at his last known place of abode in the Isle of Man or
elsewhere, or, in the case of a local or public authority or a statutory or a
public utility company, to the secretary or other proper officer at the
principal office of such authority or company, and in the case of a notice
to a landlord, the person on whom it is to be served shall include any
agent of the landlord duly authorised in that behalf.
(2) Unless or until a tenant of a holding shall have received notice that the
person theretofore entitled to the rents and profits of the holding
(hereinafter referred to as ‘the original landlord’) has ceased to be so
entitled, and also notice of the name and address of the person who has
become entitled to such rents and profits, any claim, notice, request,
demand, or other instrument which the tenant shall serve upon or
deliver to the original landlord shall be deemed to have been served
upon or delivered to the landlord of such holding.
Section 21 Conveyancing (Leases and Tenancies) Act 1954


Page 20 AT 3 of 1954 c

21 [Repealed]
2

22 Commencement of Act

This Act shall come into operation when the Royal Assent thereto has been
announced by the Governor to Tynwald and a certificate thereof has been
signed by the Governor and the Speaker of the House of Keys.
Conveyancing (Leases and Tenancies) Act 1954 Schedule



c AT 3 of 1954 Page 21

SCHEDULE
3

Conveyancing (Leases and Tenancies) Act 1954 Endnotes


c AT 3 of 1954 Page 23

ENDNOTES

Table of Legislation History

Legislation Year and No Commencement






Table of Renumbered Provisions

Original Current






Table of Endnote References

1
S 2 substituted by Agricultural Tenancies Act 2008 Sch. 2
S 21 repealed by Statute Law Revision Act 1983 Sch 2. 3
Sch repealed by Statute Law Revision Act 1983 Sch 2.

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