New South Wales Consolidated Acts

REAL PROPERTY ACT 1900 - SECT 55A

55A Registration of variation of lease

(1) A lease that is registered under this Act may, by a variation of lease in the approved form, be varied so as--

(a) to increase or reduce the rent payable under the lease, or

(b) to increase or reduce the period for which the lease is to have effect, or

(c) to otherwise vary, omit or add to the provisions of the lease.

(2) The Registrar-General may make such recordings in the Register as are necessary to give effect to a variation of lease.

(3) A variation of lease is not valid or binding against the registered proprietor of any prior estate or interest recorded in a folio of the Register in respect of the land to which the lease relates unless that proprietor has consented in writing to the variation before it is registered.

(4) A variation of lease may not be registered if it operates to vary the land to which the lease relates.

(5) The Registrar-General may decline to register a variation of lease if--

(a) the application for registration of the variation is lodged after the termination date of the lease, and

(b) the proposed variation does not provide for extension of the term of the lease.

(6) The Registrar-General may decline to register a variation of lease that purports to extend the term of the lease if the application for registration of the variation is lodged later than 12 months after the termination date of the lease.

(7) In this section,
"termination date" , in relation to a lease, means the date of expiry of the term of the lease, as evidenced--

(a) by the lease, if no other date has for that purpose been fixed by a registered variation of lease, or

(b) by a registered variation of lease (and if more than one, the last to be registered) that fixes such a date.