Unit Titles Act 2010

166 Expiry of lease

  • (1) Despite section 50(c), the term of the lease or any renewed or extended term is deemed not to have expired until the unit plan has been cancelled or a certificate of expiry has been registered in accordance with subsection (3).

    (2) On the cancellation of the unit plan the term of the lease is deemed to expire unless the lessor, in writing, has consented to the cancellation of the plan and agreed that the lease is to continue in force according to its tenor.

    (3) Despite section 50(c), at any time after the date on which the lease or any extended or renewed term is by the relevant instrument expressed to expire, the following persons may lodge with the Registrar a certificate of expiry in the prescribed form:

    • (a) the lessor; or

    • (b) any persons who are together entitled to exercise more than 25% of the votes on an ordinary resolution of the body corporate.

    (4) The person or persons intending to lodge a certificate under subsection (3) must give 14 days’ notice in writing to the body corporate before lodging the certificate.

    (5) The Registrar, on receiving the certificate, if the Registrar is satisfied that the term of the lease or any extended or renewed term has expired, and subject to the provisions of subsection (6), must—

    • (a) cancel the unit plan; and

    • (b) cancel the computer register for each of the units; and

    • (c) enter a memorial to the effect that the lease has expired.

    (6) If the body corporate has applied to the court for any relief under section 264 of the Property Law Act 2007, it may serve a copy of the application on the Registrar.

    (7) If a copy of an application has been served on the Registrar under subsection (6), the Registrar must not register a certificate of expiry unless—

    • (a) the High Court orders that it can be registered; or

    • (b) the owners who are together entitled to exercise more than 25% of the votes on an ordinary resolution of the body corporate request the Registrar in writing to do so.

    Compare: 1972 No 15 s 29