sec.130Referral to Land Court for forfeiture

sec.130 Referral to Land Court for forfeiture

Before a home ownership lease is forfeited, the lessor must refer the proposed forfeiture to the Land Court to decide whether the lease may be forfeited. At least 28 days before the lessor refers the proposed forfeiture to the Land Court, the lessor must give notice of the proposed referral to the lessee and any mortgagee of the lease. The notice must state the grounds on which the lessor reasonably considers the lease may be forfeited. If the lessor refers the proposed forfeiture to the Land Court, the lessor must file a copy of the notice in the court. In deciding whether the lease may be forfeited, the Land Court must have regard to— the grounds stated in the notice under subsection (3) ; and if the proposed forfeiture is because of a breach of a condition of the lease—whether the court considers the breach is of a serious nature and warrants forfeiture of the lease. A decision by the Land Court that the lease may be forfeited may be subject to conditions. s 130 ins 2011 No. 26 s 61 sub 2014 No. 45 s 12 (sec.130-ssec.1) Before a home ownership lease is forfeited, the lessor must refer the proposed forfeiture to the Land Court to decide whether the lease may be forfeited. (sec.130-ssec.2) At least 28 days before the lessor refers the proposed forfeiture to the Land Court, the lessor must give notice of the proposed referral to the lessee and any mortgagee of the lease. (sec.130-ssec.3) The notice must state the grounds on which the lessor reasonably considers the lease may be forfeited. (sec.130-ssec.4) If the lessor refers the proposed forfeiture to the Land Court, the lessor must file a copy of the notice in the court. (sec.130-ssec.5) In deciding whether the lease may be forfeited, the Land Court must have regard to— the grounds stated in the notice under subsection (3) ; and if the proposed forfeiture is because of a breach of a condition of the lease—whether the court considers the breach is of a serious nature and warrants forfeiture of the lease. (sec.130-ssec.6) A decision by the Land Court that the lease may be forfeited may be subject to conditions.

• (a) the grounds stated in the notice under subsection (3) ; and
• (b) if the proposed forfeiture is because of a breach of a condition of the lease—whether the court considers the breach is of a serious nature and warrants forfeiture of the lease.