ACTIn ForceAct
Land Titles Act 1925
91ASurrender of lease not to affect sublease
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91A Surrender of lease not to affect sublease
(a) a lease of land under this Act is surrendered by the lessee; and
(b) the lessor grants to the lessee a new lease of the land comprised
in the surrendered lease; and
(c) the lessee has granted, under the surrendered lease, a sublease
that is still in force when the lease is surrendered; and
(d) the whole of the land comprised in the sublease is within the new
(2) The sublease continues in force, unless otherwise terminated, as a
sublease under the new lease.
(3) The sublessor has the same rights and remedies against the sublessee,
and the sublessee has the same rights and remedies against the
sublessor, under the sublease as if the lease had not been surrendered.
(4) The lessor has the same rights and remedies against the sublessee, by
entry onto the land, as the lessor would have had if the surrendered
lease had not been surrendered.
(5) However, subsection (4) does not confer a right or remedy on the
lessor if, or to any extent that, the lessor would not have a similar right
or remedy against the sublessee of a sublease of land comprised in the
new lease.
(6) In this section, a reference to a lessor, lessee, sublessor or sublessee
includes a reference to a successor in title to the lessor, lessee,
sublessor or sublessee.
Surrender of lease Division 10.2A