On 11 October 2021, the Real Property Amendment (Certificates of Title) Act 2021 commenced, which abolished the Certificates of Title (CTs) and the control of the right to deal (CoRD) framework. All existing CTs have been cancelled and CTs will no longer be issued. Existing CTs will not need to be produced, and CoRD holder consent will not be required, for a dealing or plan to be registered. All existing Guidelines subject to this change are currently being reviewed and will be updated to reflect these changes. For further information regarding the abolition of CTs, please see https://www.registrargeneral.nsw.gov.au/property-and-conveyancing/eConveyancing/abolition-of-certificates-of-title

Surrender of Lease

This page aims to help you complete an electronic Surrender of Lease dealing form. This form is used as a surrender by the lessee to the lessor of a lease.

The surrender of a head lease does not imply the surrender of any current subleases affecting it. The subleases remain on the title as leases for their term.

NOTE: A surrender of part of premises, Crown land tenure term lease or Crown land Real Property Act lease must be lodged as a Dealing with Exception.

NOTE: A surrender of lease affecting a lease carried forward as a subsisting interest, i.e. 'Bk ... No. ... Lease To ...' must be lodged as a Dealing with Exception.

NOTE: If a concurrent lease is recorded on the Register the surrender of the original lease must be executed or consented to by the concurrent lessee.

NOTE: Both the lessor and lessee must be represented in the workspace for this dealing form.

Subscriber requirements

Before lodging this document electronically via an Electronic Lodgment Network, a Subscriber must:

  1. verify their Client’s identity
  2. establish their Client’s right to deal with the land
  3. have a properly completed and executed Client Authorisation form and
  4. 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:

Residual Documents

Guide to complete

Legislation – section 54 Real Property Act 1900.

Stamp Duty – required.

Notice of Sale – not required.

Standard Form of Caveat – a caveat will prevent the recording of a Surrender of Lease where the caveat is recorded against the lease being surrendered. A caveat drawn against the lease will be removed if the caveator consents to the surrender. A caveat recorded against the land will generally not prevent registration, however it will be inspected. 

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 Surrender of Lease dealing form.

Land Title

Enter the land title reference(s).

Participant Details

Party Details – Party Name

Select the lessor.

Document

Create Document – Select Other Documents.

Select Surrender of Lease.

Dealing on Title

Select lease.

Lease Surrendered

Select the dealing number of the lease being surrendered.

Lessee

Select the lessee.

Lessor

Select the lessor.

Consideration (optional)

Enter the consideration.

Attachment

Attachment Type – Approved Forms

Where the lessor or lessee is the owners corporation of a strata scheme, the following certificates are required:

Execution of the certificates must take the form as set out in strata schemes Approved Form 23.
 
Where the lessor or lessee is the association of a community, precinct or neighbourhood scheme, a certificate in the form of Approved Form 21 is required. Execution of the certificate must take the form as set out in community title schemes Approved Form 18.
 
Attachment Type – Mortgagee’s Consent/Caveator’s Consent/Supporting Evidence 

The consent of any mortgagee, caveator, chargee or covenant chargee of the lease being surrendered must be attached.

The full name of the mortgagee, chargee or covenant chargee and the registered number of the mortgage etc. must be stated. The consent must be signed by the mortgagee, chargee or covenant chargee, their attorney, or authorised officer. The mortgage etc. will be removed with the lease. 

NOTE: The mortgagee may claim exemption pursuant to section 107 Conveyancing Act 1919.

Attachment Type – Statutory Declaration

Attach a statutory declaration if required.

General statutory declaration requirements can be found here. 

Supporting evidence

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.

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