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Land Transfer Act 2017

Dealings in estates and interests in land - Leases

98: Re-entry by lessor

You could also call this:

"What happens when a lessor takes back leased land"

Illustration for Land Transfer Act 2017

You can be a lessor of leased land. If you take possession of the land by a court order or use your right to cancel the lease under section 244 of the Property Law Act 2007, you can ask the Registrar to update the records. You need to give the Registrar some information. The Registrar will then update the records to show you have taken possession of the land. If you take possession by a court order, you must give the Registrar a sealed copy of the order. The Registrar will update the records to show this. If you use your right to cancel the lease, the Registrar must be satisfied you followed the rules. You must have given the lessee notice and waited a reasonable time for them to fix the problem. The Registrar will then update the records. When the records are updated, the lessee's estate and anyone claiming under them will end. But this does not mean they are not liable for breaking any rules in the lease.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6731240.

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Housing and property > Land useHousing and property > Renting
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97: Covenant by or right for lessee to purchase fee simple estate, or

"A lease can include a promise or right to buy the land outright from the owner."

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Part 3Dealings in estates and interests in land
Leases

98Re-entry by lessor

  1. The lessor of leased land who takes possession of the leased land under an order of the court or who re-enters the leased land in exercise of a right to cancel the lease under section 244 of the Property Law Act 2007 may apply to the Registrar to note the records of title for the fee simple estate and the leasehold estate to that effect.

  2. If the lessor takes possession of the leased land under an order of the court,—

  3. the application must be accompanied by a sealed copy of the order; and
    1. the Registrar must note the records of title to the effect that the lessor has taken possession of the leased land.

      1. If the lessor re-enters the leased land in exercise of a right to cancel the lease under section 244 of the Property Law Act 2007,—

      2. the Registrar must be satisfied that—
        1. the lessor has served on the lessee a notice of intention to cancel the lease in accordance with the requirements of the Property Law Act 2007; and
          1. at the expiry of a period that is reasonable in the circumstances, the breach to which section 244 of that Act applies has not been remedied; and
          2. the Registrar must note the records of title to the effect that the lessor has taken possession of the leased land.

            1. On noting of the record of title, the estate of the lessee and of every person claiming under the lessee terminates.

            2. Termination under subsection (4) does not release a person from liability for breach of a covenant or condition contained or implied in the lease.

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