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s 71EM

Occupancy agreement—abandonment of premises

In force
Part 5AOccupancy agreements

71EM Occupancy agreement—abandonment of premises

(1)

This section applies if—

(a)

the occupant under an occupancy agreement for premises has not paid the occupancy fee under the agreement for at least 3 consecutive periods; and

(b)

the grantor has taken all reasonable steps to contact the occupier of the premises; and

(c)

the grantor reasonably believes that the occupier has abandoned the premises.

(2)

The grantor may, without the occupier’s consent, and without notice, enter the premises during the occupancy agreement to confirm whether the premises have been abandoned.

(3)

However, the grantor must not enter the premises under subsection (2)—

(a)

on a Sunday; or

(b)

on a public holiday; or

(c)

before 8 am or after 6 pm.

Note 1 A grantor may seek an order that premises are abandoned under s 83 (1) (k).

Note 2 A grantor may dispose of any abandoned goods found on the premises under the Uncollected Goods Act 1996.

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