Surrender of lease

ADIS Code - DL

A surrender of 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.

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 surrender of an unregistered lease or sub-lease must be entered in the General Frame, ie code "G", with a Noting: "Surrender of unregistered lease/sub-lease dated .... ". Enter the Locality and Link Conveyance. For an unregistered sub-lease, enter the head lease, if registered, as a Principal Deed. Enter the sub-lessor, and the head lessor if affecting a registered sublease, as a Vendors entry.

CA Not required


Locality: nil.

Link Conveyance: nil.

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

Noting: "Affecting [description of the land or premises]".

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.