Queensland Consolidated Acts

LAND ACT 1994 - SECT 328

328 Surrender of subleases

(1) A registered sublease may be wholly or partly surrendered by operation of law or by registering a document of surrender of the sublease executed by the sublessor and the sublessee.

(2) If a sublease or part of a sublease is surrendered, the surrender must be registered.

(3) However, a document of surrender of a sublease may be registered only if each registered mortgagee and registered sub-sublessee has given written agreement to the surrender.

(4) Also, if a registered sublease (the
"surrendered sublease" ) has been wholly or partly surrendered by operation of law, the registrar of titles may register a document evidencing the surrender if satisfied every registered mortgagee and registered sub-sublessee of the sublessee under the surrendered sublease has been given notice of the surrender.

(5) If a document of surrender of a sublease is lodged, the registrar of titles may register the document and record the date of surrender stated in the document in the leasehold land register.

(6) On registration of a document of surrender of a registered sublease, the interest of the sublessee vests in the sublessor.

(7) Subsection (2) does not apply to a surrender or disclaimer under a law about bankruptcy.