Section 33 — Property Law Act 2007: Relief against cancellation of agreement for sale of land

33 Relief against cancellation of agreement for sale of land (1) A purchaser may apply to a court for relief against cancellation of an agreement for the sale and purchase of land only if— (a) the purchaser has, under the agreement, entered into possession of the land; and (b) the vendor has served on the purchaser a notice that complies with section 29 ; and (c) the vendor has, after serving that notice, applied to a court for an order for possession of the land, or peaceably re-entered the land. (2) The application may be made either in the proceeding on the vendor’s application for an order for possession (the possession order proceeding ), or in a separate proceeding brought for the purpose by the purchaser— (a) before an order for possession has been made in the possession order proceeding; or (b) if the vendor has peaceably re-entered the land, within 3 months after the date on which the vendor re-entered the land. (3) The court may, on the application, grant any relief against cancellation, on any conditions, it thinks fit. (4) In particular, the court may grant relief under this section even though either or both of the following apply: (a) the cancellation is for breach of an essential term of the agreement: (b) the breach is not capable of being remedied. Compare: 1952 No 51 s 50