Forfeiture clause meaning

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    Forfeiture clause meaning

    The lessee shall pay all expenses and costs incurred by the lessor incidental to the preparation and service of a notice under section 146 notwithstanding forfeiture is avoided otherwise than releif by the court.

    Does this mean that if forfeiture releif were to be granted by a court then no costs would be due? rather confusing since forfeiture is nearly always granted

    #2
    Costs would be payable if the 146 notice is served.

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      #3
      The wording of the clause in the lease states as flying freeholder states costs would be payable on the issuance of the Section 146 Notice and continue to be payable NOTWITHSTANDING that relief from forfeiture is granted by the court at a subsequent hearing.

      The court could order that if the landlords case was frivolous or vexatious that the costs are not recoverable under the lease. If the court does not make an order the lessee can, as in the case of all administration charges, have them considered by the FTT.

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