Section 133C — Conveyancing Act 1919 (NSW)

In this Division—
(a) a reference to an option contained in a lease is a reference to a right on the part of the lessee to require the lessor—
(i) to sell, or offer to sell, to the lessee the reversion expectant on the lease, or
(ii) to grant, or offer to grant, to the lessee a renewal or extension of the lease, or a further lease, of the demised premises or a part thereof,
whether the right is conferred by the lease or by an agreement collateral to the lease, and
(b) a reference to a breach by a lessee of the lessee’s obligations under a lease containing an option is a reference to a breach of those obligations by an act done or omitted to be done before or after the commencement of the Conveyancing (Amendment) Act 1972, in so far as the act or omission would constitute a breach of those obligations if there were no option contained in the lease.

Related sections

• s 133 — Involuntary assignment no breach of covenant against assignment etc
• s 133A — Provisions as to covenants to repair
• s 133B — Covenants against assigning etc
• s 133D — Application of Division
• s 133E — Breach of certain obligations not to preclude option except in certain circumstances
• s 133F — Court may grant relief from breach of certain obligations

Research how courts apply s 133C

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