BARRY.NILSSON. Lawyers

Update

The amendments of the Land Tax Act (1915) have now been passed and came into effect on 30 June 2009.

As a result, owners may now recover land tax from tenants provided that the lease:

• is entered into after 30 June 2009; and
• provides for the recovery of land tax; and
• is not subject to the Retail Shop Leases Act (1994) or the Residential Tenancies and Rooming Accommodation Act (2008).

The changes will not apply to a lease signed between 1 January 1992 and 30 June 2009 (existing lease), regardless of whether or not the existing lease allows for the recovery of land tax. This includes a renewal of an existing lease through the exercise of an option to renew or an assignment or transfer of an existing lease.

Click here for the background to these legislative changes.

If you have any questions as to how these changes may affect you or would like us to suggest amendments to your lease to provide for the recovery of land tax, please contact Cameron Graham.