404Rights on renewal

404 Rights on renewal When a new lease is granted on the surrender of a lease (the original lease)— (a) a person in whom an estate for the life of the lessee, or for a fixed term, is vested by the new lease— (i) is entitled to the rents payable under a sublease derived from the original lease; and (ii) is entitled to have the obligations and duties imposed on the sublessee by a sublease derived from the original lease properly performed; and

Leases—general provisions Part 4.1 Renewal of headlease without surrender of sublease Division 4.1.2 (iii) is entitled to the same remedies for the recovery of the rents, or for a breach of the obligations or duties, as if the original lease had not been surrendered but had remained in force; and (b) a sublessee under a sublease derived from the original lease continues to hold the lands sublet as if the original lease had not been surrendered but had remained in force; and (c) the head lessor is entitled to the same remedies by way of entry on the lands sublet by a sublease derived from the original lease, for rents payable under the new lease or for breaches of the obligations and duties imposed by the new lease (so far as the rents, obligations and duties are not greater than the rents payable under, or the obligations and duties imposed by, the original lease), as the head lessor would have if the original lease had not been surrendered but had remained in force or if each sublease derived from the original lease had been surrendered and regranted under the new lease.

Part 4.2 Leases to and for children and for absent lessors Part 4.2 Leases to and for children and for absent lessors 405 Leases for children (a) a child is entitled to a lease of premises; and (b) the child, or someone for the child, applies to the Supreme Court for an order under this section. (2) The Supreme Court may, by order, direct a nominated person to— (a) surrender the lease; and (b) accept instead a lease of the premises to be held by the nominated person for the child’s benefit. (3) A lease mentioned in subsection (2) (b) must be held— (a) on the same terms as the surrendered lease would have been held except so far as the Supreme Court orders otherwise; and (b) for the same purposes as the surrendered lease would have been held; and (c) subject to the same trusts, charges, encumbrances, dispositions and arrangements as the surrendered lease would have been held.