On 1 July 2009 new laws came into effect repealing section 44A of the Land Tax Act 1915 which provided that a Landlord could not charge a tenant land tax in any Lease that was entered into after 1 January 1992.
The effect of this means that where a Landlord enters into a Lease after 1 July 2009 the Landlord can charge a Tenant Land Tax as part of the outgoings under the Lease.
Does it apply to all Leases?
The changes apply to all new Leases executed after 1 July 2009. It will not apply to leases:
- that are for retail purposes as defined under the Retail Shop Leases Act 1994 or residential purposes as defined under the Residential Tenancies and Rooming Accommodation Act 2008
- where entered into prior to 30 June 2009
- arise from the renewal of an option to renew a lease executed prior to 30 June 2009
- arising from the assignment of a lease executed prior to 30 June 2009 (see section 76 of the Land Tax Act 1915)