Queensland Consolidated Acts
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PROPERTY LAW ACT 1974 - SECT 164
Compensation to tenants, when mortgagee in possession
(1) Where a tenant holds land under a contract of tenancy with the mortgagor,
and such land is mortgaged at the time when such contract was made, or is
subsequently mortgaged, and the mortgagee enters into possession of the
holding, then the tenant shall, as against such mortgagee in possession, be
entitled to any compensation which is or would be due to the tenant from the
mortgagor.
(2) Before such mortgagee deprives the tenant of possession of the
holding otherwise than under such contract, the mortgagee shall give to the
tenant 6 months’ notice in writing of the mortgagee’s intention so to
deprive the tenant.
(3) In ascertaining the amount of such compensation
payable by the mortgagee the arbitrator shall have regard to the same rules as
are hereinbefore provided for the ascertainment of compensation payable by a
landlord, with this addition, that compensation shall be paid to the tenant
for the tenant’s crops, and for any expenditure upon the land which the
tenant has made in the expectation of holding the land for the full term of
the tenant’s contract of tenancy, in so far as any improvement resulting
therefrom is not exhausted at the time of the tenant being deprived of
possession.
(4) Such compensation shall be determined and recovered in like
manner as compensation under this division, and for all such purposes the
expression
"landlord" , wherever used in this division, shall be deemed to include such
mortgagee in possession.
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