438Recovery of possession

438 Recovery of possession (1) This section applies— (a) if— (i) the term of a lease has ended; or (ii) a lease has been terminated by a notice to quit or a demand for possession; and (b) the lessee, or a person claiming under the lessee who is occupying the leased premises or a part of the premises, fails to quit and give possession of the premises or a part of the premises to the lessor. (2) The lessor or the lessor’s agent may apply to the Supreme Court or Magistrates Court for an order for recovery of possession of the premises. (3) If the court is satisfied that the term of the lease has ended or that the lease has been terminated, it may make an order for recovery of possession of the premises by the lessor and may— (a) issue a warrant authorising a police officer or someone else to enter (with any reasonable and necessary force) into the premises and give possession to the lessor or the lessor’s agent; or (b) postpone the issue of a warrant mentioned in paragraph (a), or suspend the execution of the warrant, for a time it considers appropriate. Part 5.1 Debts charged on property of deceased person Part 5.1 Debts charged on property of deceased person 500 Charges on property of deceased person to be paid primarily out of property charged (1) This section applies if a person dies possessing or being entitled to, or, under a general power of appointment, disposes of by will— (a) property that at the time of the person’s death is charged with the payment of an amount, whether by legal mortgage, equitable charge or in some other way (including a lien for unpaid purchase money); or (b) land for which an amount is owing at the time of the person’s death under a contract of purchase. (2) Unless the deceased person has by will indicated a contrary intention, the property charged or land for which purchase money is owing is, as between the different people claiming through the deceased person, primarily liable for the payment of the charge or purchase money and— (a) each part of property that is subject to a charge must bear a proportionate part of the charge on the whole of the property; and (b) each part of a parcel of land for which purchase money is owing must bear a proportionate part of the amount owing for the whole parcel. Miscellaneous Chapter 5 Debts charged on property of deceased person Part 5.1 (3) A contrary intention is not taken to be indicated— (a) by a general direction in the deceased person’s will for the payment of debts, or all debts, of the person out of— (i) the person’s personal estate; or (ii) the person’s residuary real and personal estate; or (iii) the person’s residuary real estate; or (b) by a charge in the deceased person’s will of debts, or all debts, of the person on any estate mentioned in paragraph (a). (4) However, a contrary intention is taken to be indicated by words in the deceased person’s will expressly or by necessary implication indicating an intention that a general direction in the will of the kind mentioned in subsection (3) (a), or a charge in the will of the kind mentioned in subsection (3) (b), is to apply to a charge on property mentioned in subsection (1) (a) or an amount of unpaid purchase money mentioned in subsection (1) (b). (5) This section does not affect the right of a person entitled to a charge on property mentioned in subsection (1) (a), or to unpaid purchase money mentioned in subsection (1) (b), to obtain payment of the charge or purchase money out of other assets of the deceased person or in some other way.