130R77. For the purposes of this division, a property is deemed to be the subject of a lease for an expected term of more than 1 year at any time if at that time, as the case may be,(a) the property had been leased by the lessee, by a person with whom the lessee does not deal at arm’s length or by the lessee and such person for a period of more than 1 year ending at that time; or
(b) it may reasonably be concluded, in view of the circumstances, that the lessor knew or ought to have known that the lessee, a person with whom the lessee does not deal at arm’s length or the lessee and such person would lease the property for more than 1 year.