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.