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Wk 7: Leases Part A - Coggle Diagram
Wk 7: Leases Part A
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Short Term Leases
Short term leases (defined as three years or less) are not required to be registered
ss 71, 181 LTA
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There are limits to protections s 185(2)(b)
- right to purchase fee simple or other reversionary interest on or after the ending of the short lease
- the option to renew the term of the short-lease if it is more than three years from the beginning of the original term
Exception to indefeasibility under s 185(1)(b) does not apply BUT it does not mean other exceptions may not apply, The most obvious is the in personam s 185(1)(a)
Types of Leases
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Periodic Tenancies
- Div 4, Pt 8 PLA (termination)
Leases in overholding period
- look at terms of lease first
Yearly tenancy
- s 129 PLA will create an implied tenancy at will so long as the lessee is in possession and paying rent applies to longer leases not registered
- RPIQ [14.180] p644
Covenants in Leases
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Implied by statute - ss 104, 105, 106, 107 PLA
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Yield up possession at end of lease - ss 138, 139 PLA
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Intro
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No tenurial relationship (property rights)
'The idea that the lessee held a tenure is an afterthought of the common law, the implications of which were never really worked out with consistency" - RPLIQ
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Relevant Legislation
Property Law Act 1974 (Qld)
- Pt 8 - Generally
- Also - ss6. 10-12. 59
(incorporates statutes of frauds)
Land Title Act 1994 (Qld)
Ss 64, 65, 71, 181, 182, 184, 185
Terminology
- Lessor/Landlord
- Lessee/Tenant
- Demise/Lease/Tenancy/Lease Agreement
- Agreement to Lease
- Premises
- Reversionary estate or interest (the interest that is the proprietary aspect of the lease)
- Assignment, Sub-lease, Option to renew
- Assignor, Assignee
- Sub-Lessor, Sub-Lessee
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