Surrender of lease by operation of law

Request form 11R (PDF 150 KB)

Dealing type - R

Legislation - s54 Real Property Act 1900

(A) Stamp duty - required

Certificate of Title - required for a surrenderof a lease.

NOS form - not required

Standard form of Caveat - prevents registration where the caveat is recorded against the lease or sublease being surrendered. 

Note  A caveat drawn against the lease will be removed if the caveator consents to the surrender

Not required where the caveat is recorded against the land.

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

A determination of a lease based on surrender by operation of law may occur where the lessee has left the premises in such a manner as to imply a surrender of the lease and the lessor has regained possession of the land or premises. The lessee must not be available to execute a Surrender Of Lease form 07DL. See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [295.650].

A surrender by operation of law 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 request to surrender by operation of law 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.

Note  A lessee becoming bankrupt cannot be used as the basis for a surrender by operation of law.  The lease may be determined by disclaimer, see Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [300.250]; s301 Bankruptcy Act 1966

For determination of a lease by:

  • disclaimer, see Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [300.250]
  • frustration or
  • notice.

(B) The reference to title for the land affected by the request must be stated. The lease must be surrendered as regards the whole of the land or premises leased.

(C) The registered number of the head lease affected by a sublease being surrendered must be stated. The reference to title for the land affected by the request must be stated.

(E) The full name of the lessor must be stated and be identical to the name as shown on the Torrens Title Register.

A mortgagee in possession may apply. The dealing must be accompanied by a statutory declaration stating that the mortgagee is in exclusive possession of the land.

(F) A short description of the nature of the request and relevant legislation must be stated.

(G) Full details of the request must be stated.

The registered number of the lease being surrendered must be stated.

The registered number of any subleases affecting the lease being surrendered must be stated.

A statutory declaration must accompany the dealing stating that:

  • it is the intention of the lessee to give up the premises and of the lessor to accept that intention as a surrender
  • the lessor has resumed possession of the land or premises and
  • the lessee was not, by reason of any mortgage, charge or covenant charge on the lease, incompetent to surrender on the relevant date.

Where a mortgage or charge of the lease is noted on the Torrens Title Register; a notice of the intention to surrender the lease and hence remove the mortgage or charge is prepared by NSW LRS and sent to the mortgagee or chargee.

(H) The dealing must be executed by the lessor and be witnessed, or be executed on the lessor's behalf as follows:

Attorney and witnessed Solicitor or Barrister Authorised Officer and witnessed Licensed Conveyancer
Lessor1 Tick Tick Tick Tick

1    Where a lessor has died a Notice Of Death form 02ND or a Transmission Application form 03TA, as appropriate, must be lodged before the lease may be surrendered.

Where the lessor 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).  Strata Schemes Approved Form 13 (PDF 23 KB) is also required.

Where the lessor 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 20 KB) is also required.

See execution requirements for companies, witnesses etc. pages.

(I) Not to be completed (see NOS form above).

Staff processing information 

Refer to the Senior Examining Officer for approval before acceptance.

Refer to SD31

Determination by re-entry of:

  • a Crown land tenure Perpetual Lease
  • a Crown land tenure Term Lease
  • a Crown land Real Property Act lease.

(Senior Examining Officer) Refer to SD2

Where current sub-leases affect the subject lease.

(Senior Examining Officer) Refer to SM99

Where the lease created an easement.

(Senior Examining Officer) Refer to Legal

  • Where the lease is subject to a mortgage or charge.
  • Affecting a Book and No. lease accompanied by evidence of devolution of the lease.

Registration procedure

TRANSACTION    OFF

PRIME CODE    code of lease as shown on the Register

PRIME NUMBER    number of lease.

Note Current sub-leases of the subject lease will be re-entered as head leases, refer to SD2.

Surrender of a sub-lease

TRANSACTION    OFF

PRIME CODE    code of head lease as shown on the Register

PRIME NUMBER    number of head lease

SUB CODE    code of sub-lease as shown on the Register

SUB NUMBER    number of sub-lease.

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).