79Proceeding by landlord if rent is in arrears

79 Proceeding by landlord if rent is in arrears S. 79(1)(a) amended by No. 11/2002 s. 3(Sch. 1 item 59.1). (a) 6 months' rent is in arrears; and (b) the landlord has the right by law to re-enter for its non-payment— the landlord may, without any formal demand for the rent in arrears and without re-entry, commence a proceeding for the recovery of the land. (2) The commencement of a proceeding referred to in subsection (1) takes the place of a demand and re-entry. (3) If the Court is satisfied— S. 79(3)(a) amended by No. 11/2002 s. 3(Sch. 1 item 59.1). (a) that 6 months' rent was in arrears before the proceeding was commenced; and (b) that the landlord had power to re-enter— it may give judgment for the landlord. (4) Unless the tenant within 6 months after the enforcement of the judgment pays the rent and arrears together with full costs and proceeds for relief on equitable grounds, then— (a) the tenant loses all rights to obtain relief or remedy other than by appeal; and (b) the landlord holds the land freed from the lease. (5) If the tenant at any time before the hearing— S. 79(5)(a) amended by No. 35/1996 s. 453(Sch. 1 item 80.10). (a) pays or tenders to the landlord or to the executor, administrator or legal practitioner of the landlord; or (b) pays into court— the rent and arrears together with full costs, the proceeding under this section ceases. (6) Nothing in this section bars the right of a mortgagee of the lease or a part of the lease who is not in possession to pay, within 6 months after the enforcement of the judgment, all rent in arrears and all costs and damages sustained by the landlord and perform all the covenants and agreements which are to be performed by the tenant. No. 6387 ss 115, 116.