Land Regulation 2020
sch.4-sec.8Power of attorney
Start here
Get a plain-English read of sch.4-sec.8
Turn the raw legal text into a practical explanation grounded in Land Regulation 2020.
sch.4-sec.8 Power of attorney
The sublessee of the sublease— appoints the sublessor to act as the sublessee’s attorney; and authorises the sublessor to execute all documents, and to perform acts, on the sublessee’s behalf that are necessary for the registration of a surrender of the sublease to the sublessor. The sublessor may use the power under subsection (1) only if— the sublessee has breached a term or condition of the sublease; and the sublessor has— given the sublessee written notice of the breach; and allowed the sublessee a reasonable period, of at least 20 business days after giving the notice, to remedy the breach; and the sublessee has not remedied the breach within the period; and the sublessor is entitled to end the sublease and take possession of the sublease land. This section does not apply if the sublessee is the Commonwealth or the State. (sch.4-sec.8-ssec.1) The sublessee of the sublease— appoints the sublessor to act as the sublessee’s attorney; and authorises the sublessor to execute all documents, and to perform acts, on the sublessee’s behalf that are necessary for the registration of a surrender of the sublease to the sublessor. (sch.4-sec.8-ssec.2) The sublessor may use the power under subsection (1) only if— the sublessee has breached a term or condition of the sublease; and the sublessor has— given the sublessee written notice of the breach; and allowed the sublessee a reasonable period, of at least 20 business days after giving the notice, to remedy the breach; and the sublessee has not remedied the breach within the period; and the sublessor is entitled to end the sublease and take possession of the sublease land. (sch.4-sec.8-ssec.3) This section does not apply if the sublessee is the Commonwealth or the State.
- (a) appoints the sublessor to act as the sublessee’s attorney; and
- (b) authorises the sublessor to execute all documents, and to perform acts, on the sublessee’s behalf that are necessary for the registration of a surrender of the sublease to the sublessor.
- (a) the sublessee has breached a term or condition of the sublease; and
- (b) the sublessor has— (i) given the sublessee written notice of the breach; and (ii) allowed the sublessee a reasonable period, of at least 20 business days after giving the notice, to remedy the breach; and
- (i) given the sublessee written notice of the breach; and
- (ii) allowed the sublessee a reasonable period, of at least 20 business days after giving the notice, to remedy the breach; and
- (c) the sublessee has not remedied the breach within the period; and
- (d) the sublessor is entitled to end the sublease and take possession of the sublease land.
- (i) given the sublessee written notice of the breach; and
- (ii) allowed the sublessee a reasonable period, of at least 20 business days after giving the notice, to remedy the breach; and