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Housing (Freeholding of Land) Act 1957 – 20 September 2010

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Housing (Freeholding of Land) Act 1957 – 20 September 2010

Housing (Freeholding of Land) Regulation 2006 – 1 July 2009

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For the purposes of the Housing Act 2003 (section 3 of the Act): The lessee of a residential lease may, at any time, make a written application to the government to convert the lease to freehold land. After receipt of the application, the government must work out the purchase price for converting the residential lease to freehold land and give the lessee a written notice ‘an offer to convert’. To accept the offer to convert, the lessee would need to comply with section 4B of the Act. For the definition of ‘residential lease’, refer to the Schedule 2 dictionary.

  • Sections 2, 3, 3C, 4, 4B, 4C, Schedule 2

[For the purposes of the Housing Act 2003 (section 3 of the Act):] A contract for the sale of an unconverted lease must include a clause stating the following matters: under this Act, the lease will be cancelled on registration of a deed of grant for the land contained in the lease unless the conversion cost is paid to the chief executive before the transfer is registered, the deed of grant will be subject to a charge in favour of the chief executive securing payment of the conversion cost; if the conversion cost is not paid to the chief executive during the payment period, the chief executive may sell the land. If the contract does not comply, the buyer may cancel the contract by written notice to the seller (before settlement). For the definitions of ‘unconverted lease’ and ‘conversion cost’, refer to section 6 of the Act.

  • Sections 3, 5C, 6, 10
Reason for law

To provide for the freeholding of certain land in respect of which the Housing Act 2003 applies. (Long Title of Act)

Relevant links

Jurisdiction [Land Court]

Critique

Section 3 states that this Act is to be read as one with the Housing Act 2003. This is not a common drafting practice.

Section 10I contains the following phrases/terms: ‘Her Majesty’ and ‘Crown’. These could be replaced with a modern alternative.

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PLEASE NOTE: The information published on this webpage may be out-of-date. Please compare the currency date of the Act/Regulation against that published on the Office of the Queensland Parliamentary Counsel website. If you require access to Commonwealth statute law, please visit the ComLaw website. If you require access to the local council laws (by-laws), please visit the Local laws database.

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