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TORRES STRAIT ISLANDER LAND ACT 1991 - SECT 95
Referral to Land Court for forfeiture
95 Referral to Land Court for forfeiture
(1) Before a home ownership lease is forfeited, the lessor must refer the
proposed forfeiture to the Land Court to decide whether the lease may be
forfeited.
(2) At least 28 days before the lessor refers the proposed
forfeiture to the Land Court, the lessor must give notice of the proposed
referral to the lessee and any mortgagee of the lease.
(3) The notice must
state the grounds on which the lessor considers the lease may be forfeited.
(4) If the lessor refers the proposed forfeiture to the Land Court, the lessor
must file a copy of the notice in the court.
(5) In deciding whether the
lease may be forfeited, the Land Court must have regard to— (a) the grounds
stated in the notice under subsection (3) ; and
(b) if the proposed
forfeiture is because of a breach of a condition of the lease—whether the
court considers the breach is of a serious nature and warrants forfeiture of
the lease.
(6) A decision by the Land Court that the lease may be forfeited
may be subject to conditions.
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