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StatuteProperty Law Act 2007

Section 248 — Property Law Act 2007: Application to court for possession of land made before expiry of period of notice of intention to cancel lease

Text of the provision Official document

248 Application to court for possession of land made before expiry of period of notice of intention to cancel lease (1) This section applies to an application made to a court for an order for possession of the land comprised in a lease if— (a) a notice of intention to cancel the lease for breach of a covenant or condition of the lease has been given under section 246(1)(a) ; and (b) the court finds that the application was made before the expiry of the period that was reasonable in the circumstances for remedying the breach. (2) The court may make the order sought by the application if satisfied that, at the time when the order is made, a period that is reasonable in the circumstances has expired and the breach has not been remedied. (3) This section overrides section 246 . Compare: Landlord and Tenant Act 1730, 4 Geo 2, c 28 s 2 (UK); 1952 No 51 s 118

Official source: legislation.govt.nz

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Statutory text from an official public source. Informational content — does not replace advice from a qualified lawyer.