209 Leasehold Landlord’s Remedies On Leasehold Tenant’s Default

209 (1) Despite any agreement or enactment to the contrary, the leasehold landlord is not entitled to reenter and take possession of the strata lot or terminate the strata lot lease on a leasehold tenant’s default in performing obligations under the strata lot lease, but may apply to the Supreme Court for an order for sale of the leasehold tenant’s interest in the strata lot.

• (2) On an application for sale, the court may

• (a) declare that the leasehold tenant failed to observe and perform obligations under the strata lot lease, and specify the nature of the default, and
• (b) order that, if the default is not corrected within the time period required by the order, the leasehold landlord may sell the leasehold tenant’s interest in the strata lot at a price and on terms to be approved by the court.

• (3) On an application for an order for sale or for approval of a sale, the court may, by order, give directions it considers necessary for the distribution of the proceeds and the delivery of possession.

1998-43-209, effective July 1, 2000 (B.C. Reg. 43/2000).