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- Leasing property
Formal requirements of leases
All leases must comply with the following requirements in order to confer a valid leasehold estate:
- • be in writing (save in the case of leases for less than 3 years duration in Victoria);
- • have certainty of duration;
- • comply with the statutory requirements as to the form of writing and registration; and
- • subdivision requirements where the lease of land constitutes a subdivision.
Victoria
Leases for less than 3 years may be created without writing: s 54 of the Property Law Act 1958 (Vic).
A subdivision is defined as “...the division of land into two or more parts which can be disposed of separately” and there are no statutory subdivision requirements, as part of the formal requirements of leases: s 3(1) of the Subdivision Act 1988 (Vic).
Western Australia
Only leases for a lease period of more than 3 years must be in writing: ss 33, 34 and 35 of the Property Law Act 1969 (WA).
See Formal requirements of leases.
South Australia
In general, leases must be in writing: s 29 of the Law of Property Act 1936 (SA). However, oral leases and licences may create rights under the Retail and Commercial Leases Act 1995 (SA), see definition of “retail shop lease” in s 3.
Development approval is required for a lease or licence for a term of more than 6 years (including extensions) of a part allotment of land on which there is no building that is suitable and is used for human occupation. What authority?
