46Restriction on re-entry or forfeiture

46 Restriction on re-entry or forfeiture

46 Restriction on re-entry or forfeiture

(1) This section applies—

(a) if the lease of a lot in a leasehold strata scheme is subject to a registered mortgage, charge or covenant charge, and

(b) despite section 129 (6) of the Conveyancing Act 1919.

(2) A right of re-entry or forfeiture under the lease for a breach of a covenant, condition or agreement (express or implied) in the lease may not be exercised unless the lessor has served on the mortgagee, chargee or covenant chargee a copy of the notice relating to the breach served on the owner under section 129 of the Conveyancing Act 1919.