On 11 October 2021, the Real Property Amendment (Certificates of Title) Act 2021 commenced, which abolished the Certificates of Title (CTs) and the control of the right to deal (CoRD) framework. All existing CTs have been cancelled and CTs will no longer be issued. Existing CTs will not need to be produced, and CoRD holder consent will not be required, for a dealing or plan to be registered. All existing Guidelines subject to this change are currently being reviewed and will be updated to reflect these changes. For further information regarding the abolition of CTs, please see https://www.registrargeneral.nsw.gov.au/property-and-conveyancing/eConveyancing/abolition-of-certificates-of-title

Surrender of Kosciuszko lease

ADIS Code    DL

A surrender of a "Kosciuszko lease", including a sub-lease, occurs where the lessor and lessee agree to terminate a lease before the lease or sub-lease has expired.

The original lease or sub-lease is not required.

The question of Ministers consent to the surrender will not be considered by NSW LRS. A copy of the consent, if furnished, will be filmed with the registration copy of the surrender.

Lodgment requirements

Stamp duty - Required. If not marked Registration insisted upon, is prohibited. Any alteration to the term or rent must be marked.

Registration copy - Required. If unacceptable, Registration insisted upon is prohibited.

Statement of Title Particulars form - Not required.

NOS form - Not required.

Index Particulars form (completion)

(A) Lodging Party - Must be completed.

(B) Instrument - Lease - Surrender of

(C) Locality - Not required.

Link Conveyance - Not required.

Principal Deed - The registered affected lease or sub-lease.

(D) Indexing - The lessor and the lessee, and the head lessor for a surrender of a sub-lease.

(E) Certification - Required.

Document requirements 

Date: must be dated with the date of execution. If not dated advise the lodging party. If a date is not furnished, indicate Registration insisted upon and include the reason.

Name: the full names (initials are acceptable) of the lessor and the lessee are required. Advise the lodging party of any discrepancies in names.

Operative clause: "... hereby surrenders...".

Principal Deed: the number of the affected lease or sub-lease as stated in the assignment must be identical to the number stated on the IPF. If affecting a sub-lease, the head lease number is also required.. 

Execution: by the lessee. A power of attorney must be registered, The lessor does not have to sign.

Attestation: required. Must be witnessed by a person of 18 years of age or older who is not a party to the document.

IPF: must be completed.

Staff processing information

A Deeds search may be made for the head lease number.

CA Not required

Indexing

Locality: nil.

Link Conveyance: nil.

Principal Deed: the registered number of the lease or sub-lease being surrendered.

Noting: "Of [description of premises, eg Chalet 14 Squatters Run Thredbo]".

If the surrender affects:

  • an interest, state: "interest in" (or Noting Code: "I"
  • a share, state: "[fraction] share"
  • part of the land, state: "[affected land description]"
  • the land description relies on an attached plan, state: "see attached plan" (or Noting Code: "PL").

V: the lessee, deceased estates or trusts, and any variations thereof.

P: the lessor or sub-lessor, and the head lessor for a surrender of a sub-lease, deceased estates or trusts, and any variations thereof.