Sublease

Form 07SL (PDF 150 KB)

Dealing type - SL

Stamp duty

Required

  • if the sublease is dated before 1-1-2008
  • in the case of a sublease in respect of which a lump sum is to be paid, whether 'rent' or 'premium', regardless of the date.

Note  Where stamp duty is required:

  • any alteration to the reference to title or premises description, or increase of the term or annual rent must be marked
  • the duplicate copy of the sublease marked with $2 duty is acceptable.

Not required for a sublease dated on or after 1-1-2008 where no lump sum payment is involved nor, regardless of the date, for a sublease:

  • where the rent is less than $20,000 per annum
  • of premises in a retirement village within the meaning of the Retirement Village Act 1999
  • to a retired or disabled person for residential accommodation and not for profit by the lessor
  • of premises to the Home Care Service of NSW
  • pursuant to Part V National Health Act 1953 (Commonwealth).

Certificate of Title - not required.

Note: The certificate of title is required for the common property where land contiguous to or relevant to a strata scheme is leased as additional common property.

NOS form - not required

Standard form of Caveat - prevents registration if the caveat is drawn against the head-lease.

Does not prevent registration if the caveat is drawn against the land.

Priority Notice noted on the Register - see Priority Notice page.

Minister's consent may be required for certain Crown land tenures.

The sublease must not include any reference to the sub-lessor or sub-lessee being a trustee, executor or administrator for another party.

An extra lodgment fee is payable for each additional lease where more than one lease by the same lessor and lessee are being sub-leased on the one form.

A sublease affecting a lease carried forward as a subsisting interest, i.e. 'Bk ... No. ... Lease To ...' must either:

  • be registered as a deed in the General Register of Deeds and a Request form 11R together with an Old System search showing the party entitled to deal with the lease must be lodged to record the interest. A change in proprietorship must be registered in the General Register of Deeds. See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [390.100]. Note  The Sublease form 07SL cannot be registered in this instance or
  • be accompanied by:
    • an Old System search of the leasehold title and
    • a statutory declaration made by the person who undertook the Old System search of the leasehold title stating:
      • their qualification
      • that he or she has inspected all deeds since the leasehold title was created to the present time
      • the registered Book and No. and type of all instruments inspected to show the leasehold title has not expired and
      • the registered Book and No. and type of all instruments to which the leasehold estate is subject.

A notification (code ULD): 'Devolution Of Lease' is entered in the Second Schedule and all further transactions affecting the lease may be lodged on a Real Property Act form and do not require further evidence of devolution.

(A) The registered number of the head lease being subleased must be stated.

Where two or more head leases are to the same lessee, and providing the leases do not have a break in continuity of even one day, they are deemed at law to be one lease. A sublease affecting more than one lease is acceptable in this circumstance and will be registered under both leases. A reference to the other affected head lease will be included at the end of the sublease notifications, e.g. 'Also See Lease [number].'

(B) The reference to title for the affected land must be stated. The land or premises being subleased must be the same as or be contained within the land or premises affected by the head lease. Where the property subleased is contained in a lease folio, the number of the lease folio only must be stated.

If the sublease affects part of the land and is for less than 5 years including any options to renew, the part must be fully described by reference to a registered plan, a plan attached to the sublease, or to another registered dealing.

A plan fee is payable where the land description is reliant on a plan annexed to the sublease.

If the sublease (other than a sublease by a statutory authority or the Crown - delete) affects part of the land and is for 5 years or more including any options to renew:

Pursuant to section 23G Conveyancing Act 1919 the plan must:

  • be a deposited plan of subdivision
  • bear a completed subdivision certificate and
  • be a survey, complying with the normal requirements for plan preparation and lodgment.

    Alternatively, the lease may refer to a plan which has already been lodged in NSW LRS and complies with the above standards.

    Note  A sub-lease of part with a term greater than five years will constitute a subdivision, even if the head lease affects the entirety of the parcel.

A sublease of:

  • car spaces intended to be included in the leased premises must be clearly numbered.  Where car spaces are not clearly identified, e.g. 'together with 1 car space' rather than 'car space No. 1', a requisition will be raised. Reference to car spaces elsewhere in the sublease will be regarded as rights and will not be included in the sublease notification. Where the car spaces are also shown in an annexed plan, dimensions of the car spaces must be included in the plan
  • premises must fully describe the affected part, usually by reference to a full postal address
  • premises for a term exceeding 25 years must be accompanied by a plan defining the premises. The plan does not require local council's approval. An extra fee is payable for the plan.

(D) The full name of the sub-lessor must be stated and must be identical to the name of the lessee in the head lease as shown on the Register.

A sublease by less than all of the sublessors may be lodged as regards their interest or share.

For a sublease by:

  • a mortgagee in possession
  • a sub-lessor holding a lease as executor or administrator, the term must not exceed 3 years, including any options to renew
  • a sub-lessor holding a lease as a trustee, the term must not exceed 5 years, including any options to renew, except where it is allowed within the trust instrument and evidence to that effect is lodged with the lease. If in doubt refer to LEG99
  • the Owners corporation, see s25(1), s27 & s33 Strata Schemes Development Act 2015. Refer to SM99. See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [535.600]
  • the Association of a Community Title scheme, see Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [68.135f.].

(E) Where other mortgages, charges, and/or covenant charges affecting the head lease are lodged together with the sublease, the Encumbrances must indicate the priority of registration, or an accompanying letter by the party ceding priority must set out the order of registration.

A writ affecting the head lease must be noted in the Encumbrances, or the Court must consent to the sublease, or the writ must be removed.

(F) The full name of the sub-lessee must be stated.

A sublease to Her Majesty Queen Elizabeth the Second must indicate the relevant statutory authority. The name of the statutory authority will be included in the notification, e.g. 'Her Majesty Queen Elizabeth the Second (State Rail Authority)'.

(G) Tenancy/shares must be stated where there is more than one sub-lessee. Reference to the tenancy/shares will not be entered on the Register.

(H) Item 1. Term

The term stated must agree with the period of time covered by the commencement and expiry dates stated in Items 2 and 3.

A sublease:

  • including a carry-over term
  • for the life of the sub-lessee or for the life of another person or
  • that is uncertain as regards its term, e.g. until the happening of some event, or measures its term other than in years or a period between specified days,

will state 'See Lease' in the sublease notification in lieu of an expiry date.

  Item 2. Commencing Date

The date of commencement must be stated and can be in the past. The sublease may commence on a specific date and/or the happening of a certain event. The term of the sublease must commence within 21 years of the date of the sublease. 

  Item 3. Terminating Date

The date of termination must be stated or be ascertainable from the sublease. The termination date of a sublease must be at least 1 day before the termination date of the head lease.

Any sublease that terminates on the same day as the head lease and registration is insisted upon must be referred to Legal.

A sublease will not be registered if the term of the sublease has expired, regardless of the sublease:

  • being lodged before the expiry date,
  • containing an option to purchase and/or renew, or
  • being accompanied by a variation of the sublease extending the term. 

  Item 4. Option to Renew

(must be completed, or be deleted and verified)

The period or periods of time for the option(s) to renew and the relevant clause number in the sublease annexure or memorandum must be stated. Any clause referred to must contain the details of the option to renew. Reference to several option periods will be included in the sublease notification.

  Item 5. Rights

(must be completed, or be deleted and verified)

A sub-lessor may reserve or a sub-lessee may grant certain rights, eg right of entry, use of stairways, together with car spaces etc.  The relevant clause number of the rights in the sublease annexure or memorandum must be stated.  If the rights constitute an easement the certificate of title for the servient tenement is required.

  Item 6. Annexures

(must be completed, or be deleted and verified)

Additional clauses and covenants relating to the sublease may be contained in an annexure. Plans, consents and other documentation intended to be filed with the sublease must be treated as annexures. The annexure must be identified, e.g. 'Annexure A'.  Each page must be numbered. The first and last pages and any alterations or additions must be signed by all parties.

  Item 7. Memorandum

(must be completed, or be deleted and verified)

The clauses and covenants relating to the sublease may be contained in a memorandum filed in NSW LRS. Addition to, modification, or deletion of matters referred to in the memorandum is acceptable by way of a schedule attached to the sublease.

  Item 8. Rent

The item/clause number and identity of the annexure containing details of the rent payable must be stated. Note  Any alteration to the rent must be marked by Revenue NSW.

(I) The dealing must be executed by the lessor and lessee and be witnessed, or be executed on their behalf as follows: 

Attorney1 and witnessed Solicitor or Barrister Authorised Officer and witnessed Licensed Conveyancer
Lessor2 Tick Cross Tick Cross
Lessee2 Tick Tick Tick Tick

1    The power of attorney does not have to be registered in the General Registry of Deeds where the term of the sublease, including any options of renewal, does not exceed 3 years, see s52 Powers of Attorney Act 2003.

2    Where the sub-lessor or sub-lessee is the Owners Corporation of a Strata scheme, execution must take the form as set out in Strata Schemes Approved Form 23 (PDF 128 KB).  The following certificates are also required:

  • Strata Schemes Approved Form 13 (PDF 23 KB) and
  • Strata Schemes Approved Form 10 (PDF 8 KB) where the initial period is not shown as expired on the common property title. 

Where the sub-lessor or sub-lessee is the Association of a Community, Precinct or Neighbourhood scheme, execution must take the form as set out in Community Title Schemes Approved Form 18 (PDF 20 KB). A certificate as in Community Title Schemes Approved Form 21 (PDF 20KB) is also required.

See execution requirements for companies, witnesses etc. pages

(J) The statutory declaration must be completed where an expired sublease containing a current option to renew affecting the same land or premises as the subject sublease is noted on the Register.

The statutory declaration must be made by the sub-lessor, sub-lessor's attorney or solicitor, or an authorised officer (the nature of the authority must be disclosed) and must be witnessed by a prescribed functionary. Where the declaration has been made outside NSW reference to the Oaths Act 1900 must be deleted, the relevant Act must be inserted and the alteration verified.

Staff processing information

If in order proceed with registration of a sublease:

  • of the whole of the land
  • of the whole of the head lease or
  • of premises,

except for the following.

Refer to SM99

A sublease:

  • that refers to a plan
  • of part of the land
  • part of premises,eg. Part Shop 1, Abc Street, Sydney
  • that creates an easement
  • that refers to a maritme structure, e.g. a berth, berthing area, boardwalk, jetty, mooring, pier, marina
  • of contiguous land or land otherwise relevant to the strata scheme for addition to the common property of a strata scheme (s23 (1) Strata Scheme Development Act 2015)
  • of adjacent land for addition to the association property of a community, neighbourhood or precinct scheme
  • where the sub-lessor or sub-lessee is the owners corporation of a strata scheme.

Refer to SD2

A sublease affecting:

  • a title held by SD2
  • a title involving a retirement village (code RVT)
  • Sydney International Terminal (Sydney (Kingsford-Smith) Airport), ie the leasehold title Vol. 8658 Fol. 5. Note  The sublease should affect Vol. 8658 Fol. 5 and not the fee simple title 1/787029.

A produced manual certificate of title must be connected to the case before referral.

Refer to SD31

A sublease involving:

  • an Aboriginal Association or corporation
  • the NSW/Local Aboriginal Land Council.

Refer to Legal through the Senior Examining Officer

A sublease:

  • containing a holding over provision where the sublease has expired before it is in order for registration
  • affecting a Book and No. lease accompanied by evidence of devolution.

Registration procedure

PRIME CODE    code of head lease as shown on the Register

PRIME NO.    number of head lease

SUB CODE    ULL

LEASE EXPIRY DATE    [date] or click See Lease

OPTION OF RENEWAL    ... Years (And ... Further Options Of ... Years)

Sublease of premises

PREMISES DESCR    Of [description of premises including address].

Also see Registration procedure under Lease page.

Affecting a Book and No. lease with satisfactory evidence of devolution

 ADD. TRANSACTION    UNDR

PRIME CODE    code of lease as shown on the Register

PRIME NUMBER    number of lease

SUB-CODE    ULD  (Devolution Of Lease).