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StatuteProperty Law Act 2007

Section 254 — Property Law Act 2007: Mortgagee or receiver may apply for extension of time for bringing proceedings

Text of the provision Official document

254 Mortgagee or receiver may apply for extension of time for bringing proceedings (1) This section applies to a mortgagee of a leasehold estate or interest, or a receiver appointed in respect of that estate or interest, who has been prejudiced— (a) by not being served under section 249 with a copy of a notice of intention to cancel the lease that is required to be given under section 245 or 246 ; or (b) by not being served at a time that is reasonable in the circumstances (whether or not by reason of the failure of the lessor to comply with the relevant section). (2) A person to whom this section applies may apply to a court for an extension of— (a) the time specified in section 253(4)(b) for the bringing of a proceeding for relief against the cancellation, or proposed cancellation, of the lease; or (b) the time within which to make an application for relief in the lessor’s proceeding for an order for possession of the land. (3) The court may grant the application for an extension of time on any conditions that it thinks fit. Compare: Landlord and Tenant Act 1730, 4 Geo 2, c 28 s 4 (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.