Lessor’s right of forfeiture and effect of forfeiture on sublease

(1) Subject to section 60, and to any provision to the contrary in the lease, the lessor shall have the right to forfeit the lease if the lessee– (a) commits any breach of, or omits to perform, any agreement or condition on his part expressed or implied in the lease; 43 (b) is adjudicated bankrupt; or (c) being a company, goes into liquidation. (2) The right of forfeiture may be– (a) exercised, where neither the lessee nor any person claiming through or under him is in occupation of the land, by entering upon and remaining in possession of the land; or (b) enforced by action in a court of law. (3) Subject to sub-section (4), the right of forfeiture shall be taken to have been waived if– (a) the lessor accepts rent which has become due since the breach of the agreement or condition which entitled the lessor to forfeit the lease or has by any other positive act shown an intention to treat the lease as subsisting; and (b) the lessor is, or should by reasonable diligence have become, aware of the commission of the breach, and has not exercised his right of forfeiture within a reasonable time thereafter. (4) The acceptance of rent after the lessor has commenced an action in a court under sub-section (2), shall not operate as a waiver. (5) The forfeiture of a lease shall terminate every sublease and every other interest appearing in the register relating to that lease, but– (a) where the forfeiture is set aside by a court on the grounds that it was procured by the lessor in fraud of the sublessee; or 44 (b) where a court grants relief against the forfeiture under section 60, every such sublease and other interest shall be deemed not to have terminated.