Termination of retirement village lease

Request form 11R (PDF 150 KB)

Dealing type - R

Legislation - s129(2) Retirement Villages Act 1999

(A) Stamp duty - required

Certificate of Title - required

NOS form - not required

Standard form of Caveat - prevents registration where the caveat is recorded against the lease or sublease being terminated. Note  A caveat drawn against the lease will be removed if the caveator consents to the termination.

Not required where the caveat is recorded against the land.

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

A lease of residential premises in a retirement village may be terminated on satisfaction of the requirements set out in s129(2) Retirement Villages Act 1999.  See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [300.195].

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

(C) The registered number of the head lease affected by a sublease being terminated 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. A statutory declaration stating that the mortgagee is in exclusive possession of the land is required.

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

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

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

The request must be accompanied by a statutory declaration stating that the lease has been terminated in accordance with the Retirement Villages Act 1999.

Where a mortgage or charge of the lease is noted on the register; a notice of the intention to terminate 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
Lessor Tick Tick Tick Tick

See execution requirements for companies, witnesses etc paged.

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

Staff processing information

Refer to SD2.

(SD2) Refer to Legal

Where the lease is subject to a mortgage or charge.

Registration procedure

TRANSACTION    OFF

PRIME CODE    code of lease as shown on the Register

PRIME NUMBER    number of lease.

Determination 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.