Recovery of land under land sublease if sublessee in unlawful possession
88J Recovery of land under land sublease if sublessee in unlawful possession
This section applies if a person who has been a sublessee under a land sublease remains in possession of the land after—
the term of the sublease has ended; or
the sublease has been surrendered or ended.
The sublessor, by written notice to the person (the unlawful occupier), may demand that the unlawful occupier give possession of the land to the sublessor within a reasonable period stated in the demand.
If a demand is not complied with—
the sublessor may apply to the Magistrates Court for an order that possession of the land be given to the sublessor; and
the court may issue a warrant authorising a police officer, within 20 working days after the day the warrant is issued, to enter the land with the assistance and by the force that is reasonable, and give possession of the land to the sublessor.
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