New South Wales Consolidated Acts

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RETAIL LEASES ACT 1994 - SECT 81

Extension of term--effect on Real Property Act 1900

81 Extension of term--effect on Real Property Act 1900

(1) The extension of the term of a retail shop lease by operation of a provision of this Act is of no effect for the purposes of the Real Property Act 1900 unless and until a lease is registered under that Act which gives effect to the extension of term, or the variation of a lease that is already registered under that Act is registered to give effect to the extension of term.
(2) The Registrar-General is not bound to inquire into or to recognise any increase or alleged increase in the term of a retail shop lease by operation of a provision of this Act.
(3) The lessor under a retail shop lease the term of which is extended by operation of a provision of this Act is bound, at the request of the lessee--
(a) to execute a lease in the approved form for the purposes of the Real Property Act 1900 to enable registration of the lease under that Act (with its term so extended) if the lease is not already so registered, and
(b) to enter into such variation of the lease as may be necessary to give effect to the extension of term if the lease is already registered under that Act, and to obtain all necessary consents, for the purposes of the registration under that Act of the variation of lease.



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