Australian Capital Territory Current Acts

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UNIT TITLES ACT 2001 - SECT 171

New unit lease

    (1)     If, after the termination of the lease of a unit, a person becomes entitled under the Planning Act 2023

to the grant of a lease of the unit, the territory planning authority must—

        (a)     lodge with the registrar-general written notice of that fact; and

        (b)     give the owners corporation written notice accordingly.

    (2)     On the entry on the units plan of a memorial under the Land Titles (Unit Titles) Act 1970

, section 24, the person entitled to the grant of the lease becomes the holder of an estate of leasehold in the unit for the term mentioned in subsection (3) and subject to the provisions set out in the units plan for the lease of that unit, as if a lease of that unit for that term and subject to those provisions had been granted to the person by the Territory under the Planning Act 2023

.

    (3)     The term of the lease begins on the registration of the notice and expires on the same day (stated in the units plan) as the terms of the leases of the other units.

    (4)     When a person becomes the holder of an estate in leasehold under this section—

        (a)     the easements given by section 35 continue, as they benefit or burden the unit; and

        (b)     any easement declared under section 36 to which the terminated lease was subject continues, as it benefits or burdens the unit.

Note     This section does not apply to a further lease, or a further lease under a units plan that subdivides land under a declared land sublease, granted after a lease has been surrendered under the Planning Act 2023

, s 289 or this Act, s 167AA (see dict, def termination ).



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