426Restrictions on re-entry or forfeiture

426 Restrictions on re-entry or forfeiture (1) A right of re-entry or forfeiture under a lease for breach of a provision of the lease is not enforceable by proceeding or otherwise unless— (a) the lessor gives the lessee a notice— (i) specifying the breach; and (ii) requiring the lessee to pay compensation for the breach; and (iii) if the breach can be remedied—requiring the lessee to remedy the breach; and (b) the lessee fails within a reasonable time after being given the notice— (i) to pay reasonable compensation for the breach; and (ii) if the breach can be remedied—to remedy the breach. Note If a form is approved under s 502 for a notice, the form must be used. (2) If the lessor under a lease seeks to enforce, by proceeding or otherwise, a right of re-entry or forfeiture under the lease for breach of a provision of the lease, the lessee may apply to the Supreme Court for relief. (3) If the lessee applies to the Supreme Court for relief, the court may grant or refuse relief. (4) If the Supreme Court grants relief, it may grant relief on the conditions it considers appropriate, including the granting of an injunction to restrain similar breaches of the lease in the future. (5) This section does not apply in relation to— (a) a lease granted by the Territory or the Commonwealth; or (b) a lease for a term of 1 year or less; or (c) a provision of a lease for forfeiture on the bankruptcy of the lessee; or (d) the taking of the lessee’s interest in execution; or (e) re-entry or forfeiture for nonpayment of rent. (6) For this section, the term of a lease limited to continue only while the lessee does not breach the lease is taken to be the term for which the lease could continue apart from a breach. Forfeiture of leases Part 4.5