New South Wales Consolidated Acts
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REAL PROPERTY ACT 1900 - SECT 55A
Registration of variation of lease
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
(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.
The Registrar-General may decline to register a variation of lease if:
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.
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