South Australian Current Acts

TRUSTEE ACT 1936 - SECT 25C

25C—Power of trustee as to granting leases

        (1)         A trustee may make a lease of land in possession in any of the following cases, that is to say—

            (a)         where he holds the land with power to manage it, or upon trust for sale with an express power to postpone the sale, the lease may be for any term not exceeding ten years;

            (b)         where he holds the land without power to manage it, or upon trust for sale, without any express power to postpone the sale, the lease may be for any term not exceeding five years.

        (2)         A trustee shall not be deemed to hold land with power to manage it within the meaning of this section by reason only of the fact that it is proper to postpone the sale in order to sell to the best advantage and in the meantime to manage the land.

        (3)         Any lease which a trustee is authorised to make under this section or under the instrument, if any, creating the trust or power may—

            (a)         provide for a rent increasing at such times as are specified in the lease;

            (b)         give an option of renewal, provided that the duration of the lease and any such renewal shall not in the aggregate exceed the term for which the trustee is authorised to make the lease.

        (4)         If the land is the subject of a settlement within the meaning of the Settled Estates Act 1880 and there is any other person authorised by the settlement or by that Act to demise the land or any part thereof, this section shall not apply unless that person in writing authorises the trustee to make the lease.

        (5)         This section shall not apply to a bare trustee, where the beneficiary, or all the beneficiaries (if more than one) is or are entitled in possession and free of any incapacity.

        (6)         This section applies only if and as far as a contrary intention is not expressed in the instrument, if any, creating the trust or power, and shall have effect subject to the terms of that instrument and to the provisions therein contained.

        (7)         This section applies to trusts created either before or after the commencement of the Trustee Act Amendment Act 1941 .