Section 258 — Property Law Act 2007: Protection of sublessee on cancellation of superior lease

258 Protection of sublessee on cancellation of superior lease (1) If a lessor exercises, or is proposing to exercise, a right to cancel a lease because of a breach by the lessee of a covenant or condition of the lease, any interested person may apply to a court for relief in— (a) a proceeding brought by the lessor for an order for possession of the land; or (b) a proceeding brought by the interested person for the purpose of seeking the relief. (2) A proceeding referred to in subsection (1)(b) must be brought— (a) before an order for possession has been made in a proceeding referred to in subsection (1)(a); and (b) if the lessor has peaceably re-entered the land, not later than 3 months after the date on which the lessor re-entered the land. (3) Subsection (2)(b) is subject to section 259 . (4) In this section and sections 259 and 260 , interested person means, as the case requires,— (a) the sublessee; or (b) a mortgagee of the estate or interest of the sublessee; or (c) a receiver appointed in respect of that estate or interest. Compare: 1952 No 51 s 119