Section 34 — Limitation Act 1969 (NSW)

(1) This section applies to—
(a) a tenancy from year to year or other periodical tenancy,
(b) a tenancy at will, and
(c) a tenancy to which section 127 of the Conveyancing Act 1919 applies.
(2) The cause of action of a person entitled to land subject to a tenancy to which this section applies to recover the land from the tenant or from a person claiming under the tenant accrues on the only or later or latest of such of the following dates as are applicable—
(a) in the case of a tenancy from year to year or other periodical tenancy—the date of the expiration of the first year or other period of the tenancy,
(b) in the case of a tenancy at will or a tenancy to which section 127 of the Conveyancing Act 1919 applies—the date of the expiration of one year after the commencement of the tenancy, and
(c) in any case where the tenancy is at a rent—the date on which rent payable to the person having the cause of action or a person through whom the person claims first becomes overdue,
unless the cause of action accrues on an earlier date by virtue of a demand of possession, forfeiture or breach of condition, or otherwise.

Related sections

• s 31 — Accrual—future interests
• s 32 — Forfeiture and breach of condition
• s 33 — Rent wrongly paid
• s 35 — Landlord and Tenant (Amendment) Act 1948
• s 36 — Equitable interest
• s 37 — Settled land

Research how courts apply s 34

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