PROPERTY LAW ACT 1974 - SECT 152
Persons lacking right to possession not protected
PROPERTY LAW ACT 1974 - SECT 152
Persons lacking right to possession not protected
152 Persons lacking right to possession not protected
(1) Neither a provision of this division nor a warrant to take and give
possession of land issued under this division shall be construed to protect a
landlord by whom or on whose behalf the warrant was obtained from action
brought against the landlord on account of entry upon or taking possession of
the land or any part of the land because of the warrant where the landlord, at
the time the warrant was executed, had not lawful right to possession of the
land or part as against the person in possession of the land at that time.
(2) Without prejudice to the rights to which any person may be entitled as
outgoing tenant, where the landlord had not such right to possession the
landlord shall be liable in respect of the entry and taking possession as if
the same were made or effected by the landlord or at the landlord’s
direction without the authority of the warrant.