83A

Provision to pay land tax etc. on particular leases unenforceable

Current

(1)

This section applies to the following leases—

(a)

a pre-existing lease;

(b)

a lease that arises from a renewal under an option to renew contained in a pre-existing lease;

(c)

a lease that arises from an assignment or transfer of a pre-existing lease.

(2)

A provision in the lease requiring a lessee to pay land tax, or reimburse the lessor for land tax, is unenforceable.

(3)

In this section—

pre-existing lease—

(a)

means a lease entered into after 1 January 1992 and before 30 June 2009; and

(b)

does not include a lease that arises from—

(i)

a renewal under an option to renew contained in a lease entered into on or before 1 January 1992; or

(ii)

an assignment or transfer of a lease entered into on or before 1 January 1992.

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