Planning Act 2023
316Reduction of rent and relief from provisions of lease
Start here
Get a plain-English read of 316
Turn the raw legal text into a practical explanation grounded in Planning Act 2023.
316 Reduction of rent and relief from provisions of lease (1) The territory planning authority may approve— (a) a reduction of the rent payable under a lease, or of an amount payable, in relation to any occupation of land; or (b) the grant of relief, to a lessee or occupier of land, from compliance, completely or partly, with any provision to which the person’s lease or occupation is subject. (2) The reduction or grant of relief may be for a maximum period of 3 years, and may include a period before the approval. (3) If the territory planning authority gives an approval under subsection (1), the liability or obligation of the lessee or occupier under the lease, or in relation to the person’s occupation, is discharged for the period approved, to the extent of the reduction or grant of relief approved. (4) An approval under subsection (1) may be conditional. (5) If the territory planning authority approves a grant of relief to a lessee or occupier under subsection (1), the authority must give the lessee or occupier written notice of the reduction of rent or amount payable or other grant of relief approved.
Lease variations—general Division 10.7.1 Division 10.7.1 Lease variations—general 317 Effect subject to pt 10.8 This part has effect subject to part 10.8 (Rural leases). 318 Variation of rental leases (1) The territory planning authority must not execute a variation of a rental lease unless any rent, including additional rent, payable under the lease up to the day the variation is executed has been paid. (2) If the territory planning authority executes a variation of a rental (a) the authority must reassess the rent payable under the lease, following (as far as possible) the method provided by the rental provisions of the lease; and (b) the rent payable under the lease must be adjusted in accordance with the reassessment with effect from the day the variation is executed. (3) Subsection (2) does not apply to a variation of— (a) a rental lease— (i) to reduce the rent payable to a nominal rent; or (ii) otherwise affecting the rental provisions of the lease; or (b) a land rent lease.