Land Titles Act 1925

This section applies if—

a lease of land under this Act is surrendered by the lessee; and

the lessor grants to the lessee a new lease of the land comprised in the surrendered lease; and

the lessee has granted, under the surrendered lease, a sublease that is still in force when the lease is surrendered; and

the whole of the land comprised in the sublease is within the new lease.

The sublease continues in force, unless otherwise terminated, as a sublease under the new lease.

The sublessor has the same rights and remedies against the sublessee, and the sublessee has the same rights and remedies against the sublessor, under the sublease as if the lease had not been surrendered.

The lessor has the same rights and remedies against the sublessee, by entry onto the land, as the lessor would have had if the surrendered lease had not been surrendered.

However, subsection (4) does not confer a right or remedy on the lessor if, or to any extent that, the lessor would not have a similar right or remedy against the sublessee of a sublease of land comprised in the new lease.

In this section, a reference to a lessor, lessee, sublessor or sublessee includes a reference to a successor in title to the lessor, lessee, sublessor or sublessee.