Full legislation
s.120AAZA
Sub-tenancy of same or longer term of superior tenancy
(1)
This section applies
if—
(a)
a regulated tenancy for a subdivided unit is (or purports to be) a
sub-
tenancy created out of another tenancy (
superior tenancy
)
entered into by—
(i)
the landlord of the superior tenancy as landlord (
superior
landlord
); and
(ii)
the landlord of the regulated tenancy as tenant
(
sub-landlord
); and
(b)
the term of the regulated tenancy provided under
Subdivision 1
expires at the same time as, or on a day later than, the expiry of the term
(being a fixed term) of the superior tenancy.
(2)
The regulated tenancy does not operate as an assignment of the superior tenancy
by the sub-landlord to the tenant of the regulated tenancy
(
sub-tenant
).
(3)
Despite subsection
(1
)(
b)
and without limiting subsection (5), the
term of the regulated tenancy is to expire no later than the expiry of the term of
the superior tenancy.
(4)
Subsection (3) does not affect any remedy that the sub-tenant may have for the
revision of the term of the regulated tenancy.
(5)
If the term of the superior tenancy is extended or renewed by the superior
landlord, the expiry of the term of the regulated tenancy would then be the earlier
of the
following—
(a)
the expiry of the term of the superior tenancy as extended or
renewed;
(b)
the expiry of the term of the regulated tenancy.
(6)
The sub-landlord is treated as having a reversion expectant on the regulated
tenancy even though the term of the regulated tenancy expires at the same time as
the expiry of the term of the superior tenancy.