Request form 11R
Dealing type - R
Legislation - section 55 Real Property Act 1900.
Stamp duty - not required.
NOS form - not required.
Standard form of Caveat - prevents registration where the caveat is recorded against the lease or sublease being determined. NOTE: A caveat drawn against the lease will be removed if the caveator consents to the determination.
Does not prevent registration where the caveat is recorded against the land.
Priority Notice noted on the Register - see Priority Notice page.
A lease may be determined by the re-entry of the lessor, i.e. the lessor may peaceably and lawfully recover possession of the leased land or premises if the lessee breaks any of the covenants specified in the lease, e.g. non-payment of rent.
A determination of lease by re-entry affecting a lease carried forward as a subsisting interest, i.e. 'Bk ... No. ... Lease To ...' must either:
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.
NOTE: A lessee becoming bankrupt cannot be used as the basis for a determination by re-entry. See section 301 Bankruptcy Act 1966.
For determination of a lease by:
(B) The reference to title for the land affected by the request must be stated. The lease must be determined as regards the whole of the land or premises leased.
(C) The registered number of the head lease affected by a sublease being determined must be stated. The reference to title 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.
A mortgagee in possession may apply. A statutory declaration stating that the mortgagee is in exclusive possession of the land is required.
(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 determined must be stated.
The date of re-entry must be stated.
The request must be accompanied by a statutory declaration stating that:
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the lessor or lessor's agent had, on a specified date, peaceably and lawfully re-entered and recovered possession of the land or premises, or served a summons for possession of the premises
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a specific covenant has been broken by the lessee (details of the covenant must be provided)
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the requisite time had elapsed between the breach and the date of re-entry and
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if the Landlord and Tenant (Amendment) Act 1948 (Act):
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does not apply to the lease, a statement that the Act does not apply to the lease or
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does apply to the lease, a statement that either:
Where the breach of covenant is not based on payment of rent, the statutory declaration must state that the requirements of section 129 Conveyancing Act 1919 as to service of notice etc. have been complied with or that the lease is excepted by the section.
NOTE: Where a mortgage or charge of the lease is noted on the Torrens Title Register; a notice of the intention to determine the lease and hence removal of the mortgage or charge is prepared by NSW LRS and sent to the mortgagee or chargee. If the mortgagee in possession is making this application, the statutory declaration must refer to the registered dealing number of its mortgage and verify that it is in exclusive possession of the land.
(H) The dealing must be executed by the lessor and be witnessed, or be executed on the lessor's behalf as follows:
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Attorney and witnessed
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Solicitor or Barrister
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Authorised Officer and witnessed
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Licensed Conveyancer
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Lessor1
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1 Where a lessor has died a Notice of Death form or a Transmission Application form, as appropriate, must be lodged before the lease may be determined.
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.
See execution requirements for companies, witnesses etc. pages.
(I) Not to be completed (see NOS form above).
All NSW legislation can be accessed at www.legislation.nsw.gov.au/
Staff processing information
Refer to the Senior Examining Officer for approval before acceptance.
Refer to SD31
Determination by re-entry of:
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a Crown land tenure Perpetual Lease.
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a Crown land tenure Term Lease.
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a Crown land Real Property Act lease.
(Senior Examining Officer) Refer to SM99
Where the lease created an easement.
(Senior Examining Officer) Refer to Legal
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where a statutory declaration has been included
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where the lease is subject to a mortgage or charge.
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a determination of a Book and No. lease accompanied by evidence of devolution of the lease.
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a determination of lease by disclaimer, see Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [300.250].
For a determination of lease by:
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 removed.
Determination 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: June 2025