Section 121 — Land Transfer Act 1952: Re-entry by lessor

121 Re-entry by lessor (1) In case of re-entry and recovery of possession of any leasehold premises, either by process of law or by exercise of any power of re-entry in the lease contained or implied, the Registrar shall, upon proof to his satisfaction of the re-entry, and of actual recovery of possession, notify the re-entry upon the register, and upon the outstanding instrument of title, if produced to him for that purpose: Provided that, unless the re-entry and recovery of possession have been by formal process of law, the Registrar shall require notice of application to register the same to be served on all persons interested under the lease, or, failing such notice, shall give at least the prescribed period of notice of the application by publication in the Gazette and in some newspaper published in the locality before making any entry upon the register. (2) The estate of the lessee, and of every person claiming through or under him, shall thereupon cease and determine, but without releasing him or them from liability in respect of the breach or non-observance of any covenant or condition in the lease contained or implied. Compare: 1915 No 35 s 99 Subsection (1) proviso was amended, as from 1 February 1999, by section 43(1) Land Transfer (Automation) Amendment Act 1998 (1998 No 123) by substituting the word “ locality ” for the word “ district ” . Subsection (1) proviso was amended, as from 26 August 2002, by section 65(2) Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002 (2002 No 11), by substituting the words “ the prescribed period of ” for the words “ one calendar month's ” . See clause 2 Land Transfer (Computer Registers And Electronic Lodgement) Amendment Act Commencement Order 2002 (SR 2002/216).