Overview Registration of a lease Registration of a lease Once lease is registered General principles Registration of long term leases Different legal status of unregistered lease > 3 years WEEK 8 REGISTRATION OF LEASES · Nature of a lease, terminology and requirements · Leases for a fixed term (nature and requirements) and period leases · Agreements for leases . Registration of leases (when do they need to registered, parties rights against third parties) . A lease is an interest in land that can be registered under the LTA · Preconditions to register o Section 65 LTA the lease must: " Be validly executed; " Include a sufficient description of the premises to identify the lot or part of lot that is to be leased and " Include details of the consideration given for grant of the lease Section 10 LTA the lease must be in the appropriate form · Lease of part of a lot: o If the premises cannot be sufficiently identified by description, the lease must include a lease sketch plan that satisfies the registrar's standard or (if required by the Registrar) a plan of survey identifying that part of the lot If he lease is for a term of more than 10 years (including options) and is not a lease of all or part of a building, the lease will require planning approval as a subdivision under the Sustainable Planning Act 2009 · a lease can be amended (form 13 amendment) but limits apply (s 67 LTA) . notify registrar where lessor re-enters (s 68 LTA) or where lease is surrendered (s 69 LTA) . a lease for more than 3 years must be registered to be effective at law . a lease for less than 3 years is effective at law without the registration (s 185(1)(b) LTA) · effects of registration (s 184 and s 185 LTA) - registered lease or short lease is binding on owner of the land and any later registered interest . a long term lease is a lease for more than three years . a lease is subject to same rules as other interest in land - ie only effective at law upon registration (s 181 and s 182 LTA) · general view that by executing a lease intended to operate as a lease at law, the lessor is under obligation to registered, or procure the registration of the lease (Laurinda Pty Ltd v Capalaba Park Shopping Centre Pty Ltd) CL - Void Possession - tenancy at will Pay rent - s 129 PLA Contract - remedies for breach available Equity - if SP enforced as a lease vs parties . unregistered lease of more than 3 years at common law is void; . if however, the tenant moves into possession of the premises then this creates tenancy at will; . if subsequent moving into possession, the tenant pays rent then that will create a tenant that pays rent that's calculated on a yearly basis that will
Nature of an unregistered