s 46
In forceRestriction on re-entry or forfeiture
Part 3Provisions relating to leases in leasehold strata schemes
Division 2Re-entry or forfeiture of leases of lots
46 Restriction on re-entry or forfeiture
(1)
This section applies—
(a)
if the lease of a lot in a leasehold strata scheme is subject to a registered mortgage, charge or covenant charge, and
(b)
despite section 129 (6) of the Conveyancing Act 1919.
(2)
A right of re-entry or forfeiture under the lease for a breach of a covenant, condition or agreement (express or implied) in the lease may not be exercised unless the lessor has served on the mortgagee, chargee or covenant chargee a copy of the notice relating to the breach served on the owner under section 129 of the Conveyancing Act 1919.
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