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Civil Law (Property) Act 2006
428Protection of sublessees
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428 Protection of sublessees
(1) 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, a person (the interested person) claiming
an interest in all or part of the leased property as sublessee may apply
to the Supreme Court for relief.
(2) If the interested person applies to the Supreme Court for relief, the
court may grant or refuse relief.
(3) Without limiting subsection (2), the Supreme Court may stay a
proceeding brought by the lessor to enforce the right of re-entry or
forfeiture under the lease and vest all or a part of the leased property
in the interested person as sublessee, or in any other capacity, for a
term not longer than the term of the lease.
(4) If the Supreme Court grants relief, it may grant relief on the
conditions it considers appropriate.
(5) 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.
Part 4.6 Leases invalidly granted under
powers