Queensland Consolidated Acts

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PROPERTY LAW ACT 1974 - SECT 164

Compensation to tenants, when mortgagee in possession

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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