Queensland Consolidated Acts

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PROPERTY LAW ACT 1974 - SECT 163

Landlord who is a trustee

163 Landlord who is a trustee

(1) Where the landlord is a person entitled to receive the rents and profits of any holding as a trustee or otherwise than for the landlord’s own benefit, the amount due from such landlord in respect of compensation, costs, or otherwise shall not be recoverable personally against the landlord, nor shall the landlord be under any personal liability to pay such amount, but the same shall be a charge on and recoverable against the holding.
(1A) If such landlord has not paid to the tenant the amount due to the tenant within 14 days after the time when such amount was agreed or awarded to be paid, then the tenant shall be entitled to obtain from the court an order in favour of the tenant, the tenant’s executors, administrators, and assigns charging the holding to the amount due to the tenant together with all costs properly incurred in obtaining the charge.
(2) Such landlord shall, either before or after payment to the tenant of the amount due to the tenant, be entitled to obtain from the court an order charging the holding to the amount to be paid or paid, as the case may be, to the tenant, together with all costs properly incurred in obtaining the charge.
(3) The court may, by such order or by any subsequent order, give all directions necessary for securing full legal effect to any such charge, and every such order shall be obeyed.



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