A current lease noted on the Torrens Title Register may be surrendered by an incoming lease if the incoming lease:
- is to all of the current lessees, or is accompanied by:
- a Surrender of Lease form as regards those lessees not included in the incoming lease or
- the consent of the current lessee
- affects at least the same land or premises
- commences before the expiry of the current lease and
- is not made subject to the current lease.
An extra fee is payable for the implied surrender.
NOTE: The consent of the mortgagee is required for a surrender (including implied surrender) of a current lease.
Publication Date: February 2025