ACTIn ForceAct
Land Titles Act 1925
88JRecovery of land under land sublease if sublessee in
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88J Recovery of land under land sublease if sublessee in
unlawful possession
(1) This section applies if a person who has been a sublessee under a land
sublease remains in possession of the land after—
(a) the term of the sublease has ended; or
(b) the sublease has been surrendered or ended.
(2) The sublessor, by written notice to the person (the unlawful
occupier), may demand that the unlawful occupier give possession of
the land to the sublessor within a reasonable period stated in the
demand.
(3) If a demand is not complied with—
(a) the sublessor may apply to the Magistrates Court for an order
that possession of the land be given to the sublessor; and
(b) the court may issue a warrant authorising a police officer, within
20 working days after the day the warrant is issued, to enter the
land with the assistance and by the force that is reasonable, and
give possession of the land to the sublessor.