Removal of Expired lease
This page aims to help you complete an electronic Removal of Expired Lease dealing form. This form is used to remove a lease where the lease has expired as regards the whole of the land or the whole of the leased premises.
A statutory declaration is required if:
- the expired lease contains an option to purchase
- the expired lease has a current option of renewal or
- if the lease expired less than 12 months ago and does not have an option of renewal.
A lease that expired more than 12 months ago that does not have an option to purchase or renew will be removed from the folio of the Register on lodgment of any dealing.
Where the lease does not have a definite expiry date, appropriate evidence to show that the event that determines the lease has occurred is required, e.g. a copy of the death certificate for the lessee would suffice for a lease for '99 years or for the life of the lessee'.
NOTE: A registered mortgage or charge of the lease will be removed with the lease where the lease can be removed on expiry of the term.
NOTE: A removal of an expired sublease must be lodged as a Dealing with Exception.
For more information regarding expired leases, see the Expired lease page.
NOTE: The applicant must be represented in the workspace for this dealing form.
Before lodging this document electronically via an Electronic Lodgment Network, a Subscriber must:
- verify their Client’s identity
- establish their Client’s right to deal with the land
- have a properly completed and executed Client Authorisation form and
- retain evidence that supports the dealing (see Supporting Evidence below).
The Subscriber must also certify that they have taken reasonable steps to ensure that the instrument is correct and compliant with relevant law and any Prescribed Requirement.
For more information on these requirements see:
Guide to complete
Stamp Duty – not required.
Notice of Sale – not required.
Standard Form of Caveat – a caveat recorded against an expired lease, where the caveator is claiming on the basis of an option under the lease, will prevent the recording of a Removal of Expired Lease form.
Priority Notice Noted on the Register – see Priority Notice page for more information.
The following headings refer to the data fields which must be completed in order to lodge an electronic Removal of Expired Lease dealing form.
Enter the land title reference(s) affected by the lease.
Party Details – Party Name
Enter the details of the applicant.
Create Document – Select Other Documents.
Select Removal of Expired Lease.
Dealing on Title
Select the dealing number of the lease.
Select the applicant.
Attachment Type – Statutory Declaration
If the expired lease contains an option to purchase, a statutory declaration by the lessor must be attached stating that the time for the exercise of the option has ended and the option was not taken.
If the expired lease has a current option of renewal, a statutory declaration by the lessor must be attached stating that the time for the exercise of the option has ended and the option was not taken up, or that the option was not exercised.
If the lease expired less than 12 months ago and does not have an option of renewal, a statutory declaration by the lessor must be attached stating that a variation of lease extending the term has not been entered into.
General statutory declaration requirements can be found here.
In addition to evidence supporting the steps taken by the Subscriber to verify the identity of their Client and establish their Client’s right to deal, the Subscriber may be required to retain other evidence to support the dealing.
The evidence that the Subscriber is required to retain to support a Removal of Expired Lease dealing form may include:
- a true copy of the duly executed version of the document(s) uploaded as an attachment.
Other forms of evidence may be acceptable and it is a matter for the Subscriber to be satisfied that they have met the requirements for the dealing. Please refer to the ARNECC Guidance Note 5 for assistance on retaining evidence to support conveyancing transactions in accordance with the NSW Participation Rules.
All NSW legislation can be accessed at www.legislation.nsw.gov.au