7Meaning of prohibited lessor action

7 Meaning of prohibited lessor action

(1)  For the purposes of this Act, a reference to a prohibited lessor action is a reference to a lessor –

(a) exercising, or attempting to exercise, in relation to a protected lease, any right, power or remedy, whether under an Act, a law or a term or condition of a protected lease; or

(b) seeking orders or issuing proceedings in a court in relation to a protected lease –

during the financial hardship period, in connection with any breach of the protected lease by the protected lessee.

(2)  Without limiting the generality of subsection (1) , a prohibited lessor action includes doing, or attempting to do, any of the following:

(a) evicting the lessee from the premises to which a protected lease relates;

(b) exercising a right of re-entry to the premises to which a protected lease relates;

(c) recovering land;

(d) distraining goods;

(e) seeking forfeiture;

(f) seeking or recovering damages;

(g) requiring a payment of interest, or any other fee or charge, on unpaid rent otherwise payable by the lessee;

(h) recovering the whole or part of a security bond, or bank guarantee, under, or in relation to, the lease;

(i) requiring the performance of obligations by the lessee, or any other person, pursuant to a guarantee, or indemnity, relating to the lessee’s obligations under the lease;

(j) taking possession;

(k) terminating the lease;

(l) seeking or applying any other remedy otherwise available to a lessor against a lessee under an Act or the law of this State.