Removal of an expired lease

Expired lease with no options to purchase or renew

A lease that expired more than 12 months ago, which does not have an option to purchase or renew, will be removed from the Torrens Title Register on registration of any dealing.
A lease that expired less than 12 months ago, which does not have an option to purchase or renew, will only be removed from the Torrens Title Register on registration of:

  • a lease affecting at least the same land or premises
  • a transfer changing ownership of the freehold land or
  • any other dealing if it is accompanied by a statutory declaration by the lessor or the lessor's legal representative stating that a variation of lease extending the term has not been entered into. Otherwise, the dealing will be registered and the lease will not be removed.

NOTE: A registered mortgage or charge of the lease will be removed with the lease where the lease is capable of removal on expiry of the term. The consent of the mortgagee is required for a surrender (including implied surrender) of a current lease.  NOTE: For information on removal of an existing lease and incoming lease see Removal of an existing lease and incoming lease.

Expired lease with option to purchase

An expired lease with an option to purchase will be removed from the Torrens Title Register on registration of:

  • a transfer to the parties specified in the option or
  • any other dealing accompanied by a statutory declaration by the lessor or the lessor's legal representative stating that the time for the exercise of the option has expired and the option was not exercised, or that the option was not exercised.

NOTE: A registered mortgage or charge of the lease will be removed with the lease where the lease is capable of removal on expiry of the term. The consent of the mortgagee is required for a surrender (including implied surrender) of a current lease. 

Expired lease with option to renew

An expired lease will be removed where:

  • the term for a single option to renew has expired or
  • the term for the first option to renew has expired regardless of any other options to renew.

If an expired registered lease contains an option to renew that is still current and the incoming lease:

  • affects at least the same land or premises
  • is to the same parties and
  • is for at least the term stated in the option to renew,

the expired lease will be removed from the Torrens Title Register on registration of the incoming lease.
If an expired registered lease contains an option to renew that is still current and the incoming lease:

  • affects at least the same land or premises
  • is not to the same parties and/or
  • is not for at least the term stated in the option to renew,

the expired lease will only be removed upon registration of the new electronic Lease. The electronic Lease provides a statement by the lessor where the option to renew or purchase has not been exercised, as follows: 

THE LESSOR DECLARES, TO THE BEST KNOWLEDGE OF THE SUBSCRIBER, THAT REGISTRATION OF THE LEASE IS NOT PRECLUDED BY ANY OPTION OF RENEWAL/PURCHASE IN A REGISTERED LEASE.

An expired lease that has a current option to renew will also be removed from the Torrens Title Register on registration of any other dealing that is accompanied by a statutory declaration by the lessor or the lessor's legal representative stating that the time for the exercise of the option has expired and the option was not exercised, or the option was not exercised. Otherwise the dealing will be registered and the lease will not be removed.

NOTE: A registered mortgage or charge of the lease will be removed with the lease where the lease is capable of removal on expiry of the term.  The consent of the mortgagee is required for a surrender (including implied surrender) of a current lease. 

NOTE: For instructions on how to remove an expired lease please refer to Expired lease removal.

 

Caveat recorded against an expired lease

Where a caveat is recorded against an expired lease, that lease will not be removed from the folio of the Register if:

  • the caveator is claiming pursuant to an option to renew or an option to purchase and
  • a new lease to a different lessee has been lodged.

In that case, a requisition will be raised to the effect that the caveat must be either:

If the requisition is not complied with, the dealing will not be rejected and will be referred for review by NSW LRS Legal Division.

Carry over term in a lease

A carry-over term extends the term of a lease beyond the stated date of expiry by a periodic term, e.g. 'Expires ... and thereafter from year to year'. As the expiry date is unascertainable, a lease with a carry-over term cannot be expired in the usual manner and must be surrendered or determined.

Holding over provision in a lease

A holding over provision contained within a clause in the lease allows the lessee to remain in possession of the lease premises even though the lease has expired. The lease will be removed from the Torrens Title Register on expiry of the initial term (or if the lease contains an option to renew, on expiry of the option).

Publication Date: July 2025