• Specific Year
    Any

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.