Section 33Limitation Act 1969 (NSW)

Rent wrongly paid

Where—
(a) a tenant is in possession of land under a lease for a term reserving a rent amounting to a yearly sum of not less than two dollars,
(b) the rent is received by a person wrongfully claiming to be entitled to the land subject to the lease, and
(c) no rent is afterward received by the landlord and in consequence the term becomes liable to determination by virtue of a forfeiture or breach of condition,
the cause of action of the landlord to recover the land from the tenant or from the person receiving the rent and wrongfully claiming to be entitled to the land subject to the lease or from a person claiming under either of them accrues on the date on which the term first becomes liable to determination as mentioned in paragraph (c).

Sourced from the New South Wales Legislation website at 8 June 2026. For the latest information on New South Wales Government legislation please go to https://www.legislation.nsw.gov.au. Verify the current text against the official source before relying on it.

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