QLDIn ForceAct
Property Law Act 2023
sec.167Powers of court in making order for relief against refusal
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### sec.167 Powers of court in making order for relief against refusal
This section applies if the lessee or a designated person for the lease applies to the court under section 166 .
In deciding whether to give the relief, the court may consider anything the court considers relevant, including, for example—
the nature of the breach or breaches relied on in the breach notice; and
the extent to which the lessor has been prejudiced by the breach or breaches relied on in the breach notice; and
the conduct of the lessor and the lessee, whether before or after the giving of the breach notice; and
the rights relating to the lease of persons other than the lessor and the lessee, including, for example, a designated person for the lease.
The court may make any order that the nature of the case requires, including, for example, any of the following orders—
an order that the lessor renew the lease;
an order that the lessor sell the reversion of the lease;
an order imposing a condition on the lessor, lessee or designated person for the lease.
If the lease ends before the court makes an order under this section, the lease is taken to continue on the same terms that were in effect immediately before the application was made until the court makes an order under this section.
(sec.167-ssec.1) This section applies if the lessee or a designated person for the lease applies to the court under section 166 .
(sec.167-ssec.2) In deciding whether to give the relief, the court may consider anything the court considers relevant, including, for example— the nature of the breach or breaches relied on in the breach notice; and the extent to which the lessor has been prejudiced by the breach or breaches relied on in the breach notice; and the conduct of the lessor and the lessee, whether before or after the giving of the breach notice; and the rights relating to the lease of persons other than the lessor and the lessee, including, for example, a designated person for the lease.
(sec.167-ssec.3) The court may make any order that the nature of the case requires, including, for example, any of the following orders— an order that the lessor renew the lease; an order that the lessor sell the reversion of the lease; an order imposing a condition on the lessor, lessee or designated person for the lease.
(sec.167-ssec.4) If the lease ends before the court makes an order under this section, the lease is taken to continue on the same terms that were in effect immediately before the application was made until the court makes an order under this section.
- (a) the nature of the breach or breaches relied on in the breach notice; and
- (b) the extent to which the lessor has been prejudiced by the breach or breaches relied on in the breach notice; and
- (c) the conduct of the lessor and the lessee, whether before or after the giving of the breach notice; and
- (d) the rights relating to the lease of persons other than the lessor and the lessee, including, for example, a designated person for the lease.
- (a) an order that the lessor renew the lease;
- (b) an order that the lessor sell the reversion of the lease;
- (c) an order imposing a condition on the lessor, lessee or designated person for the lease.