Disclaimer of Lease

Request form 11R 

Dealing type - R

Legislation - section 91(3)(a), 91(6)(a) Real Property Act 1900

Stamp duty – required.

NOS form – not required.

Standard form of caveat - prevents registration where the caveat is recorded against the lease or sublease being surrendered. 
NOTE: A caveat drawn against the lease will be removed if the caveator consents to the surrender. Not required where the caveat is recorded against the land.

Priority Notice noted on the Register - see Priority Notice page.

NOTE: This dealing type must be lodged as a Dealing with Exception and accompanied by a completed Lodgment Rules Exception form.

See Surrender of Lease by operation of law.

A surrender by operation of law affecting a lease carried forward as a subsisting interest, i.e. 'Bk ... No. ... Lease To ...' must either:

  • be registered as a deed in the General Register of Deeds and a Request form 11R together with an Old System search showing the party entitled to deal with the lease must be lodged to record the interest. A change in proprietorship must be registered in the General Register of Deeds. NOTE: The request to surrender by operation of law cannot be registered in this instance or
  • be accompanied by:
    • an Old System search of the leasehold folio and
    • a statutory declaration made by the person who undertook the Old System search of the leasehold folio stating:
    • their qualification
    • that he or she has inspected all deeds since the leasehold folio was created to the present time
    • the registered Book and No. and type of all instruments inspected to show the leasehold folio has not expired and
    • the registered Book and No. and type of all instruments to which the leasehold estate is subject.

A notification (code ULD): 'Devolution Of Lease' is entered in the Second Schedule and all further transactions affecting the lease may be lodged on a Real Property Act form and do not require further evidence of devolution.

Notice of a disclaimer of lease

Trustees in bankruptcy and company liquidators may notify the Registrar General of a disclaimer of lease by lodging a Request (see section 133(3) Bankruptcy Act 1966; section 568A(1) Corporations Act 2001).

NOTE: A lessor or mortgagee of a disclaimed lease may request to record a surrender or foreclosure of that lease, respectively, notwithstanding the fact that the relevant trustee or liquidator has not separately notified the Registrar of the disclaimer (see insert linked title of relevant RGG).

(B) The reference to folio for the land affected by the Request must be stated. The lease must be disclaimed as regards the whole of the land or premises leased.

(C) The registered number of the head lease affected by a sublease being disclaimed must be stated. The reference to folio for the land affected by the request must be stated.

(E) The full name of the lessor must be stated and be identical to the name as shown on the Torrens Title Register.

(F) A short description of the nature of the request and relevant legislation must be stated.

(G) Full details of the request must be stated.

The registered number of the lease being disclaimed must be stated.

The registered number of any subleases affecting the lease being disclaimed must be stated.

Surrender of lease by disclaimer – where the lessor is the applicant

  • Where the trustee has disclaimed a bankrupt's interest in a lease, the lessor may apply to have a recording made in the Register that the lease has been surrendered by operation of law.
  • Where a lessor makes such an application, and there is no caveator or person registered as a proprietor of an estate (other than the bankrupt lessee), the lessor's application may be expressed to be pursuant to section 91(3)(a) Real Property Act 1900.
  • Otherwise, before the lessor can lodge such an application, the lessor must give a Notice by Lessor (Form 00NL) as referred to in section 91(2) Real Property Act to any person registered as proprietor of an interest in the lease or claims to be entitled by way of a lodged caveat.
  • The Request must be accompanied by:
    • evidence of service of the Notice by Lessor (where there is a person with a registered estate or interest in the lease or the lease is affected by a lodged caveat), and evidence that no such person has claimed the interest
    • order of court granting leave to disclaim the lease (or otherwise evidence that this is not necessary),
    • the trustee's Disclaimer of Onerous Property, and
    • evidence that the lease has not vested to some other person pursuant to an order made by a court under section 133(9) Bankruptcy Act 1966.

(B) The reference to folio for the land affected by the Request must be stated. The lease must be surrendered as regards the whole of the land or premises leased.

(C) The registered number of the head lease affected by a sublease being surrendered must be stated. The reference to folio for the land affected by the request must be stated.

(E) The full name of the lessor must be stated and be identical to the name as shown on the Torrens Title Register.

(F) A short description of the nature of the request and relevant legislation must be stated.

(G) Full details of the request must be stated.

The registered number of the lease being surrendered must be stated.

The registered number of any subleases affecting the lease being surrendered must be stated.

A statutory declaration must accompany the dealing addressing each of the requirements listed above.

Where a mortgage, charge or covenant charge of the lease is noted on the Torrens Title Register and their consent does not accompany the application for surrender by operation of law, a notice of the intention to surrender the lease and hence remove the mortgage, charge or covenant charge is prepared by NSW LRS and sent to the mortgagee, chargee or covenant chargee.
 

Surrender of lease by disclaimer by a liquidator – where the lessor is the applicant

The registered proprietor can apply to surrender a lease that has been disclaimed by a liquidator (see section 568 Corporations Act 2001).

A Request form should be lodged, together with:

  • evidence of the appointment of the liquidator, and
  • disclaimer of the lease in writing.

(B) The reference to folio for the land affected by the Request must be stated. The lease must be surrendered as regards the whole of the land or premises leased.

(C) The registered number of the head lease affected by a sublease being surrendered must be stated. The reference to folio for the land affected by the request must be stated.

(E) The full name of the lessor must be stated and be identical to the name as shown on the Torrens Title Register.

(F) A short description of the nature of the request and relevant legislation must be stated.

(G) Full details of the request must be stated.

The registered number of the lease being surrendered must be stated.

The registered number of any subleases affecting the lease being surrendered must be stated.

A statutory declaration must accompany the dealing addressing each of the requirements listed above.

Where a mortgage, charge or covenant charge of the lease is noted on the Torrens Title Register and their consent does not accompany the application for surrender by operation of law, a notice of the intention to surrender the lease and hence remove the mortgage, charge or covenant charge is prepared by NSW LRS and sent to the mortgagee, chargee or covenant chargee.

Foreclosure of mortgage of lease by disclaimer – where the registered mortgagee of the lease is the applicant

  • Where the trustee has disclaimed the bankrupt's interest in a lease which is subject to a registered mortgage, the mortgagee of the lease may apply to have a recording made in the Register that the mortgage has been foreclosed.
  • Where a registered mortgagee of a lease makes such an application, and there is no caveator or person registered as a proprietor of an estate (other than the bankrupt lessee and the mortgagee), the Registrar General is permitted to record that the mortgage has been foreclosed. The mortgagee’s application must be expressed to be pursuant to section 91(6)(a) Real Property Act 1900.
  • Otherwise, before the mortgagee can lodge such an application, the mortgagee must give a Notice by Mortgagee (Form 00NM) as referred to in section 91(5) Real Property Act to any person registered as proprietor of an interest in the lease or claims to be entitled by way of a lodged caveat.
  • The Request must be accompanied by:
    • evidence of service of the Notice by Mortgagee (where there is a person with a registered estate or interest in the lease or the lease is affected by a lodged caveat), and evidence that no such person has claimed the interest
    • order of court granting leave to disclaim the lease (or otherwise evidence that this is not necessary),
    • the trustee's Disclaimer of Onerous Property, and
    • evidence that the lease has not vested to some other person pursuant to an order made by a court under section 133(9) Bankruptcy Act 1966.

Upon registration of the Request, the mortgagee will be recorded as the registered proprietor of the bankrupt's lease in the folio of the Register.

(B) The reference to folio for the land affected by the Request must be stated. The lease subject to the mortgage being foreclosed must be as regards the whole of the land or premises leased.

(C) The registered number of the head lease affected by a sublease subject to the mortgage being foreclosed must be stated. The reference to folio for the land affected by the request must be stated.

(E) The full name of the mortgagee must be stated and be identical to the name of the mortgagee as shown on the Torrens Title Register.

(F) A short description of the nature of the request and relevant legislation must be stated.

(G) Full details of the request must be stated.

The registered number of the lease subject to the mortgage being foreclosed must be stated.

The registered number of any subleases affecting the lease subject to the mortgage being foreclosed must be stated.

The registered number of the mortgage must be stated.

A statutory declaration must accompany the dealing addressing each of the requirements listed above.

(H) The dealing must be executed by the lessor/mortgagee and be witnessed, or be executed on the lessor/mortgagee's behalf as follows:

 

Attorney and witnessed

Solicitor or Barrister

Authorised Officer and witnessed

Licensed Conveyancer

Lessor1

Tick

Tick

Tick

Tick

Mortgagee

Tick

Tick

Tick

X

 

 
1    Where a lessor has died a Notice of Death form or a Transmission Application must be lodged before the surrender of lease.

Where the lessor is the owners corporation of a strata scheme, execution must take the form as set out in strata schemes Approved Form 23. Strata schemes Approved Form 13 is also required.

Where the lessor is the association of a community, precinct or neighbourhood scheme, execution must take the form as set out in community title schemes Approved Form 18. A certificate as in community title schemes Approved Form 21 is also required.

(I) Not to be completed (see NOS form above).

All NSW legislation can be accessed at www.legislation.nsw.gov.au

All Commonwealth legislation can be accessed at www.legislation.gov.au

Staff processing information 

Refer to the Senior Dealing Examiner for approval before acceptance.

Refer to SD31

Determination by re-entry of:

  • a Crown land tenure Perpetual Lease
  • a Crown land tenure Term Lease
  • a Crown land Real Property Act lease.

(Senior Dealing Examiner) Refer to SD2

Where current sub-leases affect the subject lease.

(Senior Dealing Examiner) Refer to SM99

Where the lease created an easement.

(Senior Dealing Examiner) Refer to Legal

  • Where the lease is subject to a mortgage or charge.
  • Affecting a Book and No. lease accompanied by evidence of devolution of the lease.

Registration procedure

TRANSACTION    OFF

PRIME CODE    code of lease as shown on the Register

PRIME NUMBER    number of lease.

Note Current sub-leases of the subject lease will be re-entered as head leases, refer to SD2.

Surrender of a sub-lease

TRANSACTION    OFF

PRIME CODE    code of head lease as shown on the Register

PRIME NUMBER    number of head lease

SUB CODE    code of sub-lease as shown on the Register

SUB NUMBER    number of sub-lease.

Affecting a Book and No. lease with satisfactory evidence of devolution

ADD. TRANSACTION    UNDR

PRIME CODE    code of lease as shown on the Register

PRIME NUMBER    number of lease

SUB-CODE    ULD  (Devolution Of Lease).
 

Publication Date: July 2025