Conveyancing Act 1919 No 6
Historical version for 29 June 2000 to 30 June 2000 (accessed 21 November 2014 at 13:20) Current version
Part 8Division 4Section 133E

133E   Breach of certain obligations not to preclude lessee from exercising option except in certain circumstances

(1)  In this Division prescribed notice means a notice in writing that:
(a)  specifies an act or omission, and
(b)  states that, subject to any order of the court under section 133F, a lessor giving the notice proposes to treat that act or omission as having precluded a lessee on whom the notice is served from exercising an option contained in the lease.
(2)  Where an act or omission that constituted a breach by a lessee of the lesseeā€™s obligations under a lease containing an option would, but for this section, have had the effect of precluding the lessee from exercising the option, the act or omission shall be deemed not to have had that effect where the lessee purports to exercise the option unless, during the period of fourteen days next succeeding the purported exercise of the option, the lessor serves on the lessee prescribed notice of the act or omission and:
(a)  an order for relief against the effect of the breach in relation to the purported exercise of the option is not sought from the court before the expiration of the period of one month next succeeding service of the notice, or
(b)  where such relief is so sought:
(i)  the proceedings in which the relief is sought are disposed of, in so far as they relate to that relief, otherwise than by granting relief, or
(ii)  where relief is granted upon terms to be complied with by the lessee before compliance by the lessor with the order granting relief, the lessee fails to comply with those terms within the time stipulated by the court for the purpose.
Top of page