Land Titles Act 1980

Where the term of a lease has expired or default is made in the payment of any money secured by a mortgage or an encumbrance or payable under a lease for the time specified by this Act or in the mortgage, encumbrance, or lease – a mortgagee as against a mortgagor, either before or after entering into the receipt of the rents and profits of the mortgaged land or making any distress under the powers conferred by section 83, either before or after a sale of the land is effected under the power of sale given or implied in the mortgage, and either before or after obtaining an order for foreclosure pursuant to section 86; an encumbrancee as against an encumbrancer, either before or after entering into the receipt of the rents and profits of the encumbered land or making any distress under the powers conferred by section 83, and either before or after any sale of the land is effected under the power of sale given or implied in his encumbrance; or a lessor as against a lessee – may without any formal demand or re-entry apply to the Supreme Court for an order for possession of the premises to which the expiry of the term of the lease relates or in respect of which the default is made.

Service, on a lessee, mortgagor or encumbrancer, of an order under subsection (5) stands in lieu of – in the case of a lessor against a lessee, a demand and re-entry; and in the case of a mortgagee or encumbrancee against a mortgagor or encumbrancer, the notice required to be given in such a case by this Act.

If an application is made under subsection (1), then, on proof of – default having been made in payment of the money due under the mortgage, encumbrance, or lease for the time specified by this Act, or otherwise provided in this section before the proceedings were commenced; in the case of a lessor against a lessee – insufficient distress then being found to be on the premises to counteract the money due; and the plaintiff's power to enter; and the money due under the mortgage, encumbrance, or lease remaining unpaid – the Supreme Court may order that possession of the premises mentioned in the application be given by the mortgagor, encumbrancer, or lessee to the applicant on or before such day, not being less than 28 days from the day of hearing, as the Supreme Court thinks fit to specify, unless within that period all the money due and costs are paid.

If an order referred to in subsection (5) is not obeyed and money due and costs are not paid, the Supreme Court, subject to subsection (6A), shall, at the instance of the applicant, on proof of the service of that order, or that after diligent search made the party named in the order cannot be found, issue a writ authorizing and requiring the Sheriff to give possession of the premises to the applicant.

A writ is not to be issued under subsection (6) unless at least 60 days' written notice is given to the tenant of the affected mortgagor.

Every writ referred to in subsection (6) shall be dated on the day next after the last day specified by the Supreme Court in the order for the delivery of the possession of the premises, and shall continue in force for not more than 3 months from that date.

In the case of a lessor against a lessee, the applicant shall, from the time of the execution of a writ referred to in subsection (6), except as otherwise provided in this Division, hold the premises discharged of the tenancy.