QLDIn ForceAct
Property Law Act 2023
sec.153Lessor must give lessee notice to remedy breach
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### sec.153 Lessor must give lessee notice to remedy breach
A lessor may exercise a right to re-enter land under a term of the lease for breach of a term of the lease only if—
the lessor has given the lessee a notice in the approved form (a notice to remedy breach ) stating—
the nature and extent of the breach; and
if the breach is capable of being remedied by the lessee—
that the lessee is required to remedy the breach; and
a reasonable period within which the lessee is required to remedy the breach; and
if the lessor claims an amount of reasonable compensation for the breach—
the amount claimed and how the amount is calculated; and
a reasonable period within which the lessee is required to pay the amount; and
that the lessor intends to terminate the lease if the breach is not remedied, or the amount is not paid, within the reasonable period; and
at the end of the reasonable period stated in the notice, the breach has not been remedied or the amount of reasonable compensation has not been paid.
For subsection (1) (a) (ii) (B) and (iii)(B), a period is reasonable only if it is reasonable having regard to all of the circumstances, including, for example—
the nature and the extent of the breach; and
for subsection (1) (a) (ii) (B) —the nature of the thing, if any, the lessee must do or stop doing to remedy the breach.
(sec.153-ssec.1) A lessor may exercise a right to re-enter land under a term of the lease for breach of a term of the lease only if— the lessor has given the lessee a notice in the approved form (a notice to remedy breach ) stating— the nature and extent of the breach; and if the breach is capable of being remedied by the lessee— that the lessee is required to remedy the breach; and a reasonable period within which the lessee is required to remedy the breach; and if the lessor claims an amount of reasonable compensation for the breach— the amount claimed and how the amount is calculated; and a reasonable period within which the lessee is required to pay the amount; and that the lessor intends to terminate the lease if the breach is not remedied, or the amount is not paid, within the reasonable period; and at the end of the reasonable period stated in the notice, the breach has not been remedied or the amount of reasonable compensation has not been paid.
(sec.153-ssec.2) For subsection (1) (a) (ii) (B) and (iii)(B), a period is reasonable only if it is reasonable having regard to all of the circumstances, including, for example— the nature and the extent of the breach; and for subsection (1) (a) (ii) (B) —the nature of the thing, if any, the lessee must do or stop doing to remedy the breach.
- (a) the lessor has given the lessee a notice in the approved form (a notice to remedy breach ) stating— (i) the nature and extent of the breach; and (ii) if the breach is capable of being remedied by the lessee— (A) that the lessee is required to remedy the breach; and (B) a reasonable period within which the lessee is required to remedy the breach; and (iii) if the lessor claims an amount of reasonable compensation for the breach— (A) the amount claimed and how the amount is calculated; and (B) a reasonable period within which the lessee is required to pay the amount; and (iv) that the lessor intends to terminate the lease if the breach is not remedied, or the amount is not paid, within the reasonable period; and
- (i) the nature and extent of the breach; and
- (ii) if the breach is capable of being remedied by the lessee— (A) that the lessee is required to remedy the breach; and (B) a reasonable period within which the lessee is required to remedy the breach; and
- (A) that the lessee is required to remedy the breach; and
- (B) a reasonable period within which the lessee is required to remedy the breach; and
- (iii) if the lessor claims an amount of reasonable compensation for the breach— (A) the amount claimed and how the amount is calculated; and (B) a reasonable period within which the lessee is required to pay the amount; and
- (A) the amount claimed and how the amount is calculated; and
- (B) a reasonable period within which the lessee is required to pay the amount; and
- (iv) that the lessor intends to terminate the lease if the breach is not remedied, or the amount is not paid, within the reasonable period; and
- (b) at the end of the reasonable period stated in the notice, the breach has not been remedied or the amount of reasonable compensation has not been paid.
- (i) the nature and extent of the breach; and
- (ii) if the breach is capable of being remedied by the lessee— (A) that the lessee is required to remedy the breach; and (B) a reasonable period within which the lessee is required to remedy the breach; and
- (A) that the lessee is required to remedy the breach; and
- (B) a reasonable period within which the lessee is required to remedy the breach; and
- (iii) if the lessor claims an amount of reasonable compensation for the breach— (A) the amount claimed and how the amount is calculated; and (B) a reasonable period within which the lessee is required to pay the amount; and
- (A) the amount claimed and how the amount is calculated; and
- (B) a reasonable period within which the lessee is required to pay the amount; and
- (iv) that the lessor intends to terminate the lease if the breach is not remedied, or the amount is not paid, within the reasonable period; and
- (A) that the lessee is required to remedy the breach; and
- (B) a reasonable period within which the lessee is required to remedy the breach; and
- (A) the amount claimed and how the amount is calculated; and
- (B) a reasonable period within which the lessee is required to pay the amount; and
- (a) the nature and the extent of the breach; and
- (b) for subsection (1) (a) (ii) (B) —the nature of the thing, if any, the lessee must do or stop doing to remedy the breach.