Australian Capital Territory Current Acts

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Lessee may sublet

    (1)     The proprietor of any registered lease may, subject to any provisions in his or her lease or to any Act affecting his or her right to do so, sublet by signing a sublease for a life or lives or a term that expires on a date specified in the sublease.

Note 1     A sublease of land must be approved by the territory planning authority (see Planning Act 2023

, s 284 and this Act, s 88B).

Note 2     A fee may be determined under s 139 (Determination of fees, charges and other amounts) for lodgment of a sublease.

Note 3     If a form is approved under s 140 (Approved forms) for a sublease, the form must be used.

    (2)     A sublease may incorporate by reference any or all of the provisions contained in a memorandum of provisions.

    (3)     Where a sublease incorporates by reference provisions contained in a memorandum of provisions, the provisions so incorporated shall be deemed to be set out at length in the sublease.

    (4)     No sublease of any land subject to a mortgage or encumbrance shall be valid or binding against the mortgagee or encumbrancee unless he or she has consented to the sublease before it is registered.

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