Full legislation
s.120AAX
Second term offer pending court order
(1)
This section applies
if—
(a)
a landlord of a first term tenancy for a subdivided unit is proceeding by
action to enforce a right of re-entry or forfeiture under
section
120AAZI(2
)(
b)
; and
(b)
the offer period for making a second term offer to the tenant has
commenced.
(2)
Despite subsection
(1
)(
a)
, the landlord must comply with
section 120AAS
to make a second term offer to the tenant pending the
making of any order of the court for possession of the subdivided unit in connection
with the action mentioned in that subsection.
(3)
The landlord’s making of a second term offer to the tenant does not affect the
landlord’s right to enforce any breach of the first term tenancy against the tenant
in accordance with an order of the court.
(4)
If an order of the court allows or permits the landlord to recover possession of
the subdivided
unit—
(a)
where—
(i)
the landlord has made a second term offer under subsection (2
)—
(A)
the offer is treated as never having been made by the landlord;
and
(B)
any second term tenancy granted by the landlord is treated as never
having been granted; or
(ii)
the landlord has not made any second term offer under that
subsection—
(A)
no second term offer is taken to have been made; and
(B)
no second term tenancy is taken to be granted,
by the landlord to the tenant under
section 120AAW
;
and
(b)
the tenant must vacate the subdivided unit at the time and in the way
specified in the order.