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s 73

Applying ALA, pt 10, div 4 (Home ownership leases)

In force
Part 9Application of provisions of ALA or TSILA
Division 2Applying ALA
Subdivision 1All land

73 Applying ALA, pt 10, div 4 (Home ownership leases)

(1)

ALA, part 10, division 4, subdivisions 2 and 4 apply to a lease to which this division applies as if the lease were a home ownership lease under ALA.

(2)

Subsection (1) applies to the lease even if it is not granted for residential use.

(3)

For applying ALA, section 129, a relevant condition is any condition of the lease as provided for in part 8 of this Act if the lessor reasonably considers a breach of the condition is of a serious nature and warrants forfeiture of the lease.

(4)

For applying ALA, sections 130(2) and 132(1)(a), written notice must be given additionally to any person holding a sublease over the lease.

(5)

ALA, part 10, division 4, subdivision 4 must be applied not only to improvements of the lessee but also to the holder, and improvements of the holder, of any sublease over the lease, and for that purpose, a reference in the subdivision to the lease land is a reference to the land the subject of the sublease.

(6)

Also, for applying ALA, part 10, division 4, subdivision 4, references to renewal of a lease may be ignored.

(7)

For ALA, section 142(3), the value of the lease land is the amount decided by the chief executive under this Act.

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