PROPERTY LAW ACT 1974 - SECT 138 Tenants and other persons holding over to pay double the yearly value
PROPERTY LAW ACT 1974 - SECT 138
Tenants and other persons holding over to pay double the yearly value138 Tenants and other persons holding over to pay double the yearly value
Where any tenant for years, including a tenant from year to year or other person who is or comes into possession of any land by, from or under or by collusion with such tenant, wilfully holds over any land after—
(a) determination of the lease or term; and
(b) after demand made and notice in writing has been given for the delivery of possession of the land by the lessor or landlord or the person to whom the remainder or reversion of such land belongs or the person’s agent lawfully authorised;then the person so holding over shall, for and during the time the person so holds over or keeps the person entitled out of possession of such land, be liable to the person so kept out of possession at the rate of double the yearly value of the land so detained for so long as the land shall have been so detained, to be recovered by action in any court of competent jurisdiction.