New South Wales Consolidated Acts
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REAL PROPERTY ACT 1900 - SECT 54
Lease may be surrendered by execution of surrender in approved form
54 Lease may be surrendered by execution of surrender in approved form
(1) Whenever any lease which is required to be registered by the provisions of
this Act is intended to be surrendered, and the surrender thereof is effected
otherwise than through the operation of a surrender in law or than under the
provisions of any law at the time being in force relating to bankrupt estates,
the lessee and lessor shall execute a surrender of the lease in the approved
form.
(3) Upon registration of any such surrender, the estate or interest of
the lessee in such land shall revest in the lessor, or in the person in whom
having regard to intervening circumstances (if any) the said land would have
vested if no such lease had ever been executed.
(5) A lease subject to a
mortgage, charge or covenant charge shall not be so surrendered without the
consent of the mortgagee, chargee or covenant chargee.
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