Land Regulation 2020

The sublessee of the sublease (the current sublease) must not hold over, possess or occupy the sublease land after the expiry of the term of the sublease.

However, the sublessee and sublessor may enter into a new sublease for the sublease land if—

the current sublease contains a clause (the renewal clause) that gives the sublessee the option to enter into a new sublease with the sublessor for the sublease land; and

all requirements stated in the renewal clause are satisfied; and

either—

the sublessor applies, at least 3 months before the expiry of the current sublease, for an approval to sublease under section 332 of the Act (a subleasing approval) and the Minister grants the approval under that section; or

the Minister has issued the sublessor with a general authority to sublease under section 333(1)(a) of the Act (a general subleasing authority); and

the relevant subleasing conditions have been complied with; and

the term of the new sublease will expire not later than 1 day before the day the head lease expires.

If the sublessee and sublessor enter, or purport to enter, into a new sublease other than under subsection (2)—

the new sublease is of no force or effect; and

the sublessee—

may, if allowed under a term of the current sublease, remove any improvements as allowed under the current sublease after it expires; but

otherwise has no right to possession, occupation or use of the sublease land after the current sublease expires.

In this section—

for a subleasing approval—any conditions, mentioned in section 332(3)(b)(i) of the Act, on which the approval is given; or

for a general subleasing authority—

the requirements prescribed for the authority under section 74; and

any conditions mentioned in section 333(4) of the Act included in the authority.