[Cherie Muir]

Hi there, I’m glad there is no such thing as a dumb question …

NSW Trustee & Guardian is listed in the Manual as GOVT. How has everyone classified land that is in the Trustee’s name but is the site of a Residential dwelling? I know that in this case if GOVT land is leased then it is no longer Exempt as GOVT land, but how do I know if Trustee has an actual lease with the resident?

Does anyone know if the Trustee has a practice of recording their Residential leases on Title?

I’m thinking I’ll just err on the side of caution here and classify them all as Residential – then the Trustee will have to come back if 1. the property is vacant, and/or, 2. there is no lease arrangement.

Your input and guidance would be appreciated, thank you.

[Robert Hay]

Hi Cherie

The working group has a meeting with Treasury shortly, we’ll raise it with them as an issue and post a response when we get the answer.

Robert

[Michael Cherry]

Hi Cherie – there is no requirement to register a NSW residential lease (so its shown on the CT). I am going with you and classifying them all Residential NV. I also checked a few of the many we have here and none are reflected on the CT.

Mick

[Cherie Muir]

Classy, thanks for letting me know Mick.

I’ve since thought that it doesn’t matter if a physical lease exists or not. The definition of ‘lease’ for the ESPL Act is apparently going to be the same as our Act which implies that as long as there is a Landlord/Tenant relationship then a lease exists.

The Trustee can come always come back to us if their properties are vacant. (Makes me wonder if they would ever know that they could come back to us on the GOVT land technicality though … ).

Thanks again
Cherie

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