104Minimum 5 year lease

104 Minimum 5 year lease (a) the total term for which a lease is entered into is less than 5 years; and (b) the tenant was not, before entering into the lease, independently advised about the effect of this section; and (c) an extension of the term of the lease would not be— (i) inconsistent with the head lease under which the lessor holds the lease; or (ii) unlawful. (2) The tenant has the right to the extension of the lease so that the total term of the lease is 5 years, subject to this section. (3) The tenant may, not later than 90 days before the end of the term of the lease— (a) exercise the right of extension by written notice to the lessor; and (b) either— (i) ask the lessor to take reasonable steps to register the extended lease with the registrar-general; or (ii) lodge a caveat on the title of the land that contains the premises under the Land Titles Act 1925, section 104 (Lodging of caveat). (4) The lessor must take all reasonable steps to register the extended lease if asked to under subsection (3). (5) The extension of a lease under this section has no effect until the tenant has made a request or lodged a caveat under subsection (3). (6) For this section— (a) a tenant is taken to have been independently advised about the effect of this section if, before entering into the lease, the tenant was so advised by a lawyer who was not acting for, or nominated by, the lessor; and (b) in the absence of evidence to the contrary, a written statement by a lawyer certifying that the lawyer has, at the request of the tenant, explained the effect of this section to the tenant and, in particular, that the giving of the certificate will result in the tenant being unable to use this section to increase the total term of the lease to 5 years, is conclusive evidence of the facts in the statement. (7) This section does not apply to— (a) a lease granted under an option to extend a previous lease if— (i) there was no break in the entitlement of the tenant to (ii) the option was granted by the earlier lease or by an agreement entered into before or at the same time as the earlier lease was entered into; or (b) a change of use lease; or (c) a continuous occupation lease. Extension Division 12.1 (8) In this section: total term, for a lease, means the length of the term of the lease and— (a) any further term provided for by an agreement if the agreement was entered into before or at the same time the lease was entered into; and (b) any further term to which the tenant is entitled by an extension of the lease, if the option was given before or at the same time the lease was entered into.