New South Wales Consolidated Acts

LANDLORD AND TENANT ACT 1899 - SECT 8

8 Proceedings for possession

(1) In all cases between landlord and tenant whenever one half-year’s rent is in arrear and the landlord to whom the same is due is entitled to re-enter for the non-payment thereof, such landlord may, without any formal demand or re-entry, commence proceedings in the Supreme Court for possession of the land demised, and service in accordance with the rules of the Supreme Court of the originating process shall stand in the place and stead of a demand and re-entry.

(2) If half a year’s rent was due before the originating process was served and the landlord had power to re-enter, the landlord may recover judgment and execution in the same manner as if the rent in arrear had been legally demanded and a re-entry made.

(3) If the tenant, or his or her assignee or other person claiming or deriving under the tenancy, suffers judgment to be entered in such proceedings for possession and execution to be executed thereon, without paying the rent and arrears the recovery of which by action was not, on the date when the proceedings for possession were brought, barred by the Limitation Act 1969 , together with full costs, and without proceeding for relief against forfeiture within six months after such execution executed, such tenant, assignee, and all other persons claiming and deriving under the said tenancy shall be barred and foreclosed from all relief or remedy in law or equity, and the said landlord shall from thenceforth hold the said demised land discharged from such tenancy.

(4) Nothing herein contained shall extend to bar the right of any mortgagee of such tenancy, or any part thereof, who is not in possession, provided that, within six months after such judgment obtained and execution executed, he or she pays all rent in arrear the recovery of which by action was not, on the date when the proceedings for possession were brought, barred by the Limitation Act 1969 , and all costs and damages sustained by such landlord, and performs all the covenants and agreement which on the part and behalf of the first tenant are and ought to be performed.