Section 35 — Property Law Act 2007: Application for relief not to constitute admission

35 Application for relief not to constitute admission (1) An application under section 33 must not, in itself, be taken as an admission by the purchaser that— (a) there has been a breach of the agreement by the purchaser: (b) because of the breach of that kind, the vendor has the right to cancel the agreement: (c) a notice has been duly served on the purchaser in accordance with section 28(3)(a) : (d) at the time when the vendor applied to a court for an order for possession of the land or peaceably re-entered the land, the period specified in the notice for the remedying of the breach (if it was capable of being remedied) had expired. (2) A court may grant relief under section 33 without determining all or any of the things in subsection (1). Compare: 1952 No 51 s 50