Australian Capital Territory Consolidated Acts

CIVIL LAW (PROPERTY) ACT 2006 - SECT 438

    (1)     This section applies—

        (a)     if—

              (i)     the term of a lease has ended; or

              (ii)     a lease has been terminated by a notice to quit or a demand for possession; and

        (b)     the lessee, or a person claiming under the lessee who is occupying the leased premises or a part of the premises, fails to quit and give possession of the premises or a part of the premises to the lessor.

    (2)     The lessor or the lessor's agent may apply to the Supreme Court or Magistrates Court for an order for recovery of possession of the premises.

    (3)     If the court is satisfied that the term of the lease has ended or that the lease has been terminated, it may make an order for recovery of possession of the premises by the lessor and may—

        (a)     issue a warrant authorising a police officer or someone else to enter (with any reasonable and necessary force) into the premises and give possession to the lessor or the lessor's agent; or

        (b)     postpone the issue of a warrant mentioned in paragraph (a), or suspend the execution of the warrant, for a time it considers appropriate.

    (4)     In this section:

"possession"—to remove any doubt, "possession" of land does not include receipt of income from the land.