139Power of Court to protect under-lessee on forfeiture of

139 Power of Court to protect under-lessee on forfeiture of superior leases (1) If a lessor commences proceedings: (a) to enforce a right of re-entry or forfeiture under a covenant, obligation or term in a lease made before or after the commencement of this Act; or (b) for non-payment of rent, the Court may, on application by a person claiming as under-lessee of an interest or a part of an interest in the property held under the lease, make an order: (c) staying the lessor's or other proceedings on the terms the Court thinks just; and (d) vesting, for the whole term of the lease or a lesser term, the property held under the lease or an interest or part of an interest in the property in a person entitled as under-lessee to an interest in the property.

Law of Property Act 2000 94 (2) The Court may make an order vesting property under subsection (1)(d) on the conditions as to execution of a deed or other document, giving security, payment of proper and reasonable rent, costs, expenses, damages, compensation or otherwise as the Court, having regard to the circumstances of each case including the consent or otherwise of the lessor to the creation of the interest claimed by the under-lessee, thinks just. (3) Subsection (1) does not apply to entitle an under-lessee to require a lease to be granted to the under-lessee for a larger area of land or for a longer term than the under-lessee had under the original under-lease. (4) An order referred to in subsection (1) may be made in proceedings brought by a person claiming as under-lessee or, if the lessor has commenced proceedings in the Court, in those proceedings.