QLDIn ForceAct
Property Law Act 2023
sec.162Powers of court in making order for relief against forfeiture
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### sec.162 Powers of court in making order for relief against forfeiture
This section applies if the lessee or a designated person for the lease applies under section 160 to the court.
The court may make any order that the nature of the case requires, including, for example, any of the following orders—
an order for relief against the forfeiture, or proposed forfeiture, of the lease;
an order that the lessee pay to the lessor an amount owed under the lease;
an order that the lessee pay to the lessor an amount of reasonable compensation for the breach;
if the applicant is a sublessee—an order that the lessor enter into a lease of the land, or a part of the land, with the sublessee;
an order imposing a condition on the lessee, lessor or designated person.
The court may make an order that the lessor enter into a lease of the land, or a part of the land, with a sublessee only if the lease—
starts on a day not earlier than—
the day the lessor re-enters the land under section 156 or 157 (2) (a) ; or
the day the lessor recovers possession of the land after making a written demand for possession of the land or under an order of the court; and
ends on a day not later than the day the sublease would have ended but for the forfeiture of the lease.
In making an order under subsection (3) , the court must take into account the terms of the sublease.
(sec.162-ssec.1) This section applies if the lessee or a designated person for the lease applies under section 160 to the court.
(sec.162-ssec.2) The court may make any order that the nature of the case requires, including, for example, any of the following orders— an order for relief against the forfeiture, or proposed forfeiture, of the lease; an order that the lessee pay to the lessor an amount owed under the lease; an order that the lessee pay to the lessor an amount of reasonable compensation for the breach; if the applicant is a sublessee—an order that the lessor enter into a lease of the land, or a part of the land, with the sublessee; an order imposing a condition on the lessee, lessor or designated person.
(sec.162-ssec.3) The court may make an order that the lessor enter into a lease of the land, or a part of the land, with a sublessee only if the lease— starts on a day not earlier than— the day the lessor re-enters the land under section 156 or 157 (2) (a) ; or the day the lessor recovers possession of the land after making a written demand for possession of the land or under an order of the court; and ends on a day not later than the day the sublease would have ended but for the forfeiture of the lease.
(sec.162-ssec.4) In making an order under subsection (3) , the court must take into account the terms of the sublease.
- (a) an order for relief against the forfeiture, or proposed forfeiture, of the lease;
- (b) an order that the lessee pay to the lessor an amount owed under the lease;
- (c) an order that the lessee pay to the lessor an amount of reasonable compensation for the breach;
- (d) if the applicant is a sublessee—an order that the lessor enter into a lease of the land, or a part of the land, with the sublessee;
- (e) an order imposing a condition on the lessee, lessor or designated person.
- (a) starts on a day not earlier than— (i) the day the lessor re-enters the land under section 156 or 157 (2) (a) ; or (ii) the day the lessor recovers possession of the land after making a written demand for possession of the land or under an order of the court; and
- (i) the day the lessor re-enters the land under section 156 or 157 (2) (a) ; or
- (ii) the day the lessor recovers possession of the land after making a written demand for possession of the land or under an order of the court; and
- (b) ends on a day not later than the day the sublease would have ended but for the forfeiture of the lease.
- (i) the day the lessor re-enters the land under section 156 or 157 (2) (a) ; or
- (ii) the day the lessor recovers possession of the land after making a written demand for possession of the land or under an order of the court; and