New South Wales Consolidated Acts

LANDLORD AND TENANT ACT 1899 - SECT 9

9 In proceedings for relief against forfeiture payment into Court of rent, arrears and costs may be ordered

(1) If proceedings for relief against forfeiture are taken within the time mentioned in subsection (3) of section 8 the Court may, on the application of the landlord in such proceedings, order the applicant for such relief to pay into Court such sum of money in respect of 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 , and the costs of the proceedings for possession as it thinks fit and by the same or other order it may order that such money, if paid into Court, shall be paid out to the landlord on such terms, if any, as to security or otherwise as it thinks fit.

(2) If the applicant for relief against forfeiture has been ordered to pay money into Court but fails to do so within the time ordered or within such extended time as may be allowed, the Court may direct entry of judgment against the applicant.

(3) If such proceedings for relief against forfeiture are taken within the time aforesaid and after execution is executed, the landlord shall be accountable only for so much as he or she shall really and bona fide, without fraud, deceit, or wilful neglect, make of the demised land from the time of his or her entering into the actual possession thereof, and if what is so made by the landlord be less than the rent reserved on the said tenancy, then the said tenant or his or her assignee, before he or she is restored to his or her possession, shall pay to such landlord the difference between the money so made by him or her and the reserved rent for the time such landlord held the said land.