ADIS Code - VL
A variation of a "Kosciuszko lease" can change the conditions, term, or option of renewal contained in the original lease. The land or premises affected by the lease can not be altered by a variation of lease.
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 - Not required if the variation is dated on or after 1.1.2008. Required if the variation is dated before 1.1.2008.
If not marked Registration insisted upon, is prohibited.
Any alteration to the consideration 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 - Variation of
(C) Locality - Not required.
Link Conveyance - Not required.
Principal Deed - The registered affected lease and the head lessor if a sub-lease is affected.
(D) Indexing - The lessor.
(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 varies/amends...".
Principal Deed: the number of the affected lease or sub-lease as stated in the variation 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 lessor. A power of attorney must be registered, The lessee 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
No additional Noting is made as regards a variation of the term or option to renew.
A variation of an unregistered sub-lease must be entered in the General Frame, ie code "G", with a Noting: "Variation of unregistered sub-lease dated ... affecting [description of land]". Enter the head lease number as a principal deed. Enter the lessor as a Vendors entry.
Term etc: a cursory check of the term, dates and description is required. Any discrepancies must be brought to the attention of the lodging party. If registration of the variation is required, indicate Registration insisted upon and include the reason.
CA Not required
Indexing
Locality: nil.
Link Conveyance: nil.
Principal Deed: the registered number of the lease being varied, and the head lease where a sub-lease is being varied.
Noting: Of [description of premises, eg Chalet 14 "Squatters Run" Thredbo]".
If the variation 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 lessor and the sub-lessor, and the head lessor for a variation of a sub-lease, deceased estates or trusts, and any variations thereof.
P: nil.