Responding to a lease recovery case

Why a case may be brought

The stated grounds concern a lessee failing to leave after the lease expires, or after early termination for a breach where the lessor has issued a termination notice. The lessor must file a plaint and supporting documents, including an affidavit, draft decree nisi and copies of the agreement and relied-on documents. The court examines the statutory conditions before entering the decree nisi.

Recovery of Possession of Premises Given on Lease Act s 3

Recovery of Possession of Premises Given on Lease Act s 4

Recovery of Possession of Premises Given on Lease Act s 5

Read the date on the decree

The decree nisi specifies a date for the defendant to seek leave to appear and show cause. The Act restricts further time for making that application. Treat the date on the served document as a matter to check promptly; this guide does not calculate a deadline or replace advice on the papers in an individual case.

Recovery of Possession of Premises Given on Lease Act s 11

Permission to contest the claim

Under the cited procedure, the defendant needs the court’s leave to appear and show cause. The application uses a petition and affidavit addressing the lessor’s case, identifying the defence and its supporting facts. If the court finds a prima facie sustainable defence, it may grant leave subject to security. The Act separately sets the rules for depositing that security.

Recovery of Possession of Premises Given on Lease Act s 12

Recovery of Possession of Premises Given on Lease Act s 14

Consequences of default

Failure to apply on the specified date, disclose the required defence or furnish security can lead to the decree being made absolute without further notice. A separate provision gives a limited setting-aside route for certain defaults, with specified grounds and conditions. It is not a general promise of another opportunity. Keep the agreement, notices, court papers and evidence of service together when seeking advice about this procedure.

Recovery of Possession of Premises Given on Lease Act s 15

Recovery of Possession of Premises Given on Lease Act s 16

Separate the response date from security

The date for seeking leave to appear must be no later than six weeks from the decree nisi, with distance from the defendant’s residence taken into account. The court cannot grant further time to make that application. This is measured from the decree, not a fresh six-week period beginning whenever a defendant reads it. Check the actual date on the papers promptly.

Recovery of Possession of Premises Given on Lease Act s 11

If security is ordered

Court-ordered security must be deposited in cash within two weeks from the order. An extension requires an application within that initial period and sufficient reasons for inability to deposit; any additional period cannot exceed two weeks after the original period. This is a separate step from obtaining leave to appear. Keep the security order, deposit instructions and proof of payment with the case papers.

Recovery of Possession of Premises Given on Lease Act s 14

A missed application is a limited remedy problem

For the specified default of failing to apply for leave, the setting-aside provision identifies non-service or prevention from appearing because of accident, misfortune or an act of God. It also requires a prima facie sustainable defence and security. A general disagreement with the claim is not enough to satisfy all of those conditions. The provision has its own time limit and procedure; take the full case papers for advice rather than assume a default can simply be reopened.

Recovery of Possession of Premises Given on Lease Act s 16

Scope of this guide

This guide explains the cited as-enacted publication. Check later amendments, commencement orders and current procedures before relying on it for a particular situation. It does not determine your eligibility, liability or the outcome of a case.