Versions

 

48. Surrendering a lease

(1) A registered lease may be wholly or partly surrendered by registering a surrender of the lease or a variation evidencing a partial surrender executed by the lessor and the lessee.
(2) On registration of the surrender —
(a) the lessee's interest vests in the lessor; and
(b) any sublease is to be taken to be a direct lease from the lessor if either (i) a non-disturbance instrument in approved form, if applicable, has been registered as to such sublease or (ii) the sublessee has agreed to attorn to the lessor as the lessor's direct tenant, and the lessor has agreed to accept such attornment. The Registrar may submit the matter to determination by the Court in the event of any uncertainty.
(3) This section does not limit other means by which a lease may be surrendered. If a registered lease is surrendered by other means, the Registrar may register the surrender in the folio on application by either lessor or lessee and supported by any evidence the Registrar may require.