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Business Tenancies (Fair Dealings) Act 2003
138Extension of term of retail shop lease – effect on Land Title
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138 Extension of term of retail shop lease – effect on Land Title
Act 2000
(1) The extension of the term of a retail shop lease by operation of a
provision of this Act is of no effect for the Land Title Act 2000
unless and until a lease is registered under that Act which gives
effect to the extension of the term, or the variation of a lease that is
already registered under that Act is registered to give effect to the
extension of the term.
(2) The Registrar-General is not bound to inquire into or to recognise
an increase or alleged increase in the term of a retail shop lease by
operation of a provision of this Act.
(3) The landlord under a retail shop lease, the term of which is
extended by operation of a provision of this Act, is bound, at the
request of the tenant:
(a) to execute a lease in the approved form for the Land Title
Act 2000 to enable registration of the lease under that Act
(with its term so extended) if the lease is not already so
registered; and
(b) to enter into the variation of the lease that may be necessary
to give effect to the extension of term if the lease is already
registered under that Act, and to obtain all necessary
consents, for the registration under that Act of the variation of
lease.