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StatuteProperty Law Act 2007

Section 255 — Property Law Act 2007: Application for relief not to constitute admission

Text of the provision Official document

255 Application for relief not to constitute admission (1) This section applies to an application for relief against the cancellation, or proposed cancellation, of a lease. (2) The application is not, in itself, to be taken as an admission by the person making it— (a) that there has been a breach of a covenant or condition of the lease by the lessee; or (b) that, because of the breach, the lessor has the right to cancel the lease; or (c) that a notice has been duly served on the applicant in accordance with section 245 or 246 ; or (d) that, at the time when the lessor applied to the court for an order for possession of the land or peaceably re-entered the land, the following periods had expired: (i) the period for the remedying of the breach specified in a notice served in accordance with section 245 , if notice was served under that section: (ii) a period for the remedying of the breach that was reasonable in the circumstances, if notice was served under section 246 . (3) The court may grant relief against the cancellation of the lease without determining all or any of the things set out in subsection (2). 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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