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HOUSING (FREEHOLDING OF LAND) ACT 1957 - SECT 5B
Acceptance and payment of purchase price
5B Acceptance and payment of purchase price
(1) The lessee of the lease may accept the purchase price stated in the
relevant price notice during the availability period by giving written notice
(the
"acceptance notice" ) to the chief executive of the lessee’s acceptance.
(2) Immediately after the chief executive receives the acceptance notice, the
chief executive must give the lessee a written acknowledgement stating the day
the chief executive received the notice.
(3) If the lessee accepts the
purchase price during the availability period, the lessee must, within 30 days
after the chief executive receives the lessee’s acceptance notice— (a) pay
the purchase price to the chief executive; and
(b) give the chief executive
all documents required to surrender the lease; and
(c) comply with the
conditions stated in the relevant price notice.
(4) If the lessee complies
with subsection (3) , section 4C applies in relation to the lease as if the
lessee had accepted an offer to convert under subdivision 1 .
(5) If the
lessee does not accept the purchase price during the availability period, the
lease— (a) is no longer a conversion in progress lease; and
(b) subject to
division 3 , may be converted to freehold land under subdivision 1 .
(6) If
the lessee accepts the purchase price during the availability period but does
not comply with subsection (3) — (a) the purchase price lapses at the end of
the 30 day period; and
(b) the lease— (i) is no longer a conversion in
progress lease; and
(ii) subject to division 3 , may be converted to freehold
land under subdivision 1 .
(7) In this section—
"availability period" means— (a) if the lessee is an
existing notice lessee—3 months after the relevant price notice was given to
the lessee; or
(b) otherwise—the availability period stated in the
offer to convert given to the lessee under section 5A.
"existing notice lessee" means a lessee who was given notice of the purchasing
price for the land contained in the lease under previous section 5(4).
"relevant price notice" means— (a) if the lessee is an
existing notice lessee—the notice given to the lessee under previous
section 5(4); or
(b) if the lessee was given an offer to convert under
section 5A—the offer.
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