138 Provisions as to forfeiture for non-payment of rent

Forfeiture for non-payment of rent

138  Provisions as to forfeiture for non-payment of rent

(1)     This section has effect where a lessor is proceeding by action in [the county court] (being an action in which the county court has jurisdiction) to enforce against a lessee a right of re-entry or forfeiture in respect of any land for non-payment of rent.

(2)     If the lessee pays into court [or to the lessor] not less than 5 clear days before the return day all the rent in arrear and the costs of the action, the action shall cease, and the lessee shall hold the land according to the lease without any new lease.

(3)     If—

(a)     the action does not cease under subsection (2); and

(b)     the court at the trial is satisfied that the lessor is entitled to enforce the right of re-entry or forfeiture,

the court shall order possession of the land to be given to the lessor at the expiration of such period, not being less than 4 weeks from the date of the order, as the court thinks fit, unless within that period the lessee pays into court [or to

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