Western Australian Current Acts

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TRANSFER OF LAND ACT 1893 - SECT 102

102 .         Provisions about leases apply to subleases

        (1)         The provisions of this Act affecting leases, lessors and lessees shall apply to subleases sublessors and sublessees with such modifications and exceptions as the difference between a lease and sublease and in the mode of registration thereof shall require; and the entries of recovery of possession and of surrender provided for by sections 96 and 98 shall in the case of the sublease of land that is the subject of —

            (a)         a paper title, be made on the sublease and on the lease but not on the certificate of title and the memorandum directed by section 98 to be endorsed on either or both the lease and the duplicate lease (if any) shall be endorsed on either or both the sublease and the duplicate sublease (if any); and

            (b)         a digital title, be made on the certificate of title and the memorandum directed by section 98 to be endorsed on either or both the lease or the duplicate lease (if any) shall be endorsed on either or both the sublease and the duplicate sublease (if any).

        (2)         In the case of a surrender of a sublease evidenced by a separate document such document shall be annexed to the original sublease.

        (3)         If the lease be determined by forfeiture or operation of law or by surrender under any Act relating to bankrupts and their estates such determination or surrender shall determine the sublease.

        [Section 102 amended: No. 17 of 1950 s. 24; No. 81 of 1996 s. 145(1); No. 6 of 2003 s. 36.]



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