This information aims to help you complete an electronic Lease in PEXA.
Please note that an electronic lease requires a CoRD Holder Consent.
Select one of the following to specify the party type of the lessor and the lessee.
- Organisation or
Land Titles Reference
Enter the title reference(s) affected by the lease.
Enter Whole of the land or the premises or part of the land
- whole of the land - do not show address
- the premises which is the whole of the land - do not show address
- premises which is not the whole of the land- the description of property leased must refer to part certificate of title followed by the premises description (see premises below), e.g. Part 1/123456 being Unit 1, 11 Smith Street, Sydney
- part of the land for 5 years or less, including any options to renew, must fully describe the affected part by reference to a registered plan, a plan attached to the lease, or to another registered dealing. See Greg Stilianou, Land Titling Law and Practice in NSW, Lawbook Co. 2013 [12.370]
- part of the land for more than 5 years, including any options to renew, other than a lease lodged by the Commonwealth of Australia, must describe the affected part by reference to a registered plan of subdivision that has been approved by the Local Council. See s23F and s23G Conveyancing Act 1919 (formerly s327AA Local Government Act 1919). Also see Greg Stilianou, Land Titling Law and Practice in NSW, Lawbook Co. 2013 [12.380]
- premises must be fully defined by either:
- a unique description such as a shop name or number together with a full postal address (where the shop does not have a shop name or number and it is the only shop within the lot(s) affected by the lease, a letter stating that information must accompany the lease), or
- a plan annexed to the lease.
- premises for a term exceeding 25 years must be accompanied by a plan defining the premises. The plan does not require local council's approval. An extra fee is payable for the plan. See Greg Stilianou, Land Titling Law and Practice in NSW, Lawbook Co. 2013 [12.400]
- car spaces intended to be included in the leased premises must be clearly numbered. Where car spaces are not clearly identified, e.g. 'together with 1 car space' rather than 'car space No. 1', a requisition will be raised. Reference to car spaces elsewhere in the lease will be regarded as rights and will not be included in the lease notification. Where the car spaces are also shown in an annexed plan, dimensions of the car spaces must be included in the plan.
An extra fee is payable where the land description is reliant on a plan annexed to the lease.
- Proprietor on title – select this option if the lease affects the current registered proprietor(s).
The lessor name must be identical to the name of the registered proprietor as shown on the Register.
- Incoming proprietor – select this option if the lease affects the incoming proprietor.
The lessor name is specified in this field (and in the case of a corporation must include its ACN).
The lessee name is specified in this field (and in the case of a corporation must include its ACN).
If there is only one lessee, select sole proprietor.
If there is more than one lessee, select one of the following:
Joint tenants or
Tenants in common and enter the share of each lessee.
For more information about tenancy types, see What is tenancy? page
The lessor leases to the lessee the property referred to above.
Term <Years> Year(s), <Months> Month(s), <Days> Day(s)
Commencing Date Commencing Date
Terminating Date Terminating Date
Option to Renew
Option to Renew Option to Renew
Option to Renew period <Years> Year(s), <Months> Month(s), <Days> Day(s)
Option to Purchase
Conditions and Provisions
Additional clauses and covenants relating to the lease may be contained in an annexure. Plans, consents and other documentation intended to be filed with the lease must be treated as annexures. The annexure must be identified, e.g. "Annexure A".
See attached Lease Conditions and Provisions and
See attached plan
LR memorandum ID
The clauses and covenants relating to the lease may be contained in a memorandum filed in NSW LRS. Addition to, modification, or deletion of matters referred to in the memorandum is acceptable by way of a schedule attached to the lease.
The document ID number of at least one memorandum that has been lodged and registered with the NSW Land Registry can be specified in the attachment.
Consent where required
See attached Minister’s Consent
See attached Caveator’s Consent
Upload files for Terms and Conditions, plan and Consent.
THE LESSOR TO THE BEST KNOWLEDGE OF THE SUBSCRIBER DECLARES THAT THE OPTION OF RENEWAL/PURCHASE IF ANY CONTAINED IN THE LEASE REGISTERED ON THE SUBJECT LAND TITLE HAS NOT BEEN EXERCISED.