QLDIn ForceAct
Land Title Act 1994
sec.67Amending a lease
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### sec.67 Amending a lease
A registered lease may be amended by registering an instrument of amendment of the lease.
However, the instrument of amendment must not—
increase or decrease the area leased; or
add or remove a party to the lease; or
be lodged after the lease’s term has ended.
The term of a registered lease includes a period of possession under the lease because—
an option to renew in the lease has been exercised, whether or not an instrument of amendment has been registered to extend the term of the lease for the option period; or
otherwise—an instrument of amendment extending the term of the lease has been registered.
However, subsection (3) (a) applies to a second or subsequent option to renew in a lease only if, before the end of the option period for the previous option, an instrument of amendment was registered to extend the term of lease for that previous option period.
The procedure for amendment specified in this section is in addition to other rights that are not inconsistent with this Act.
In this section—
option period , for an option to renew in a lease, means the period for which the term of a lease is, or will be, extended by the exercise of the option.
s 67 amd 2013 No. 23 s 119 ; 2019 No. 7 s 313 s ch 1 pt 1
(sec.67-ssec.1) A registered lease may be amended by registering an instrument of amendment of the lease.
(sec.67-ssec.2) However, the instrument of amendment must not— increase or decrease the area leased; or add or remove a party to the lease; or be lodged after the lease’s term has ended.
(sec.67-ssec.3) The term of a registered lease includes a period of possession under the lease because— an option to renew in the lease has been exercised, whether or not an instrument of amendment has been registered to extend the term of the lease for the option period; or otherwise—an instrument of amendment extending the term of the lease has been registered.
(sec.67-ssec.4) However, subsection (3) (a) applies to a second or subsequent option to renew in a lease only if, before the end of the option period for the previous option, an instrument of amendment was registered to extend the term of lease for that previous option period.
(sec.67-ssec.5) The procedure for amendment specified in this section is in addition to other rights that are not inconsistent with this Act.
(sec.67-ssec.6) In this section— option period , for an option to renew in a lease, means the period for which the term of a lease is, or will be, extended by the exercise of the option.
- (a) increase or decrease the area leased; or
- (b) add or remove a party to the lease; or
- (c) be lodged after the lease’s term has ended.
- (a) an option to renew in the lease has been exercised, whether or not an instrument of amendment has been registered to extend the term of the lease for the option period; or
- (b) otherwise—an instrument of amendment extending the term of the lease has been registered.