Section 120 — Conveyancing Act 1919 (NSW)

Where any actual waiver of the benefit of any covenant or condition in any lease on the part of any lessor or the lessor’s heirs, executors, administrators, or assigns is proved to have taken place in any one particular instance, such actual waiver shall not be assumed, or deemed to extend to any instance or any breach of covenant or condition other than that to which such waiver specially relates, nor to be a general waiver of the benefit of any such covenant or condition unless an intention to that effect appears.

Related sections

• s 117 — Rent and benefit of lessees’ covenants to run with reversion
• s 118 — Obligation of lessors’ covenants to run with reversion
• s 119 — Apportionment of conditions on severance etc
• s 120A — Abolition of interesse termini and as to reversionary leases
• s 121 — Chief leases may be renewed without surrendering under-leases
• s 122 — When reversion on a lease is surrendered etc the next estate to be deemed the reversion

Research how courts apply s 120

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.