NSWIn ForceAct
Retail Leases Act 1994
16Certain leases must be registered
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#### 16 Certain leases must be registered
16 Certain leases must be registered
> > (1) If a retail shop lease is for a term of more than 3 years or if the parties to the lease have agreed that the lease is to be registered, the lessor must lodge the lease for registration in accordance with the [Real Property Act 1900](/view/html/inforce/current/act-1900-025) within 3 months after the lease is returned to the lessor or the lessor’s lawyer or agent following its execution by the lessee.
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> > Maximum penalty—50 penalty units.
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> > (2) The 3-month period within which a lease must be lodged for registration is to be extended for any delay attributable to—
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> > > (a) the need to obtain any consent from a head lessor or mortgagee (being delay not due to any failure by the lessor to make reasonable efforts to obtain consent), or
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> > > (b) requirements arising under the [Real Property Act 1900](/view/html/inforce/current/act-1900-025) that are beyond the control of the lessor.
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> > (3) For the purposes of this section, the term of a retail shop lease includes any term for which the lease may be extended or renewed at the option of the lessee.
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> > Note.
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> > For example, a retail shop lease is for a term of more than 3 years if it is for a term of 1 year with an option to renew for a further term of greater than 2 years.
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> > (4) This section does not affect the operation of the [Real Property Act 1900](/view/html/inforce/current/act-1900-025).
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> **s 16:** Am 1998 No 169, Sch 1 \[17\]; 2005 No 90, Sch 1 \[21\]. Subst 2017 No 2, Sch 1 \[28\].