A life tenant can enter a lease for the term of their life.
 
Where the life estate and estate in remainder are contained in one folio on the Register, the lease notification will state:

'Lease To [lessee] From [life tenant] For The Life Of [life tenant] ...'. 

When the life tenant is deceased and a Notice of Death is lodged by the remainder person under section 101 Real Property Act 1900, the lease will be cancelled.

Where a separate folio exists for the life estate, the lease will be registered on the folio for the life estate. 

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

Grant of lease beyond term of life tenancy

A life tenant may enter into a lease for a definite term beyond their death with the agreement of the remainderpersons.

A life tenant can also grant a lease to someone else that is binding on the remainderpersons even though the remainderpersons are not a party to the lease, using the Lease 07L form and completing the details in Marginal Note (C) and Marginal note (D). In these instances, the lease must not exceed a term of 10 years, including any option to renew, and must be accompanied by a statutory declaration by the lessor or lessor's legal representative stating that the lease complies with section 68 Conveyancing and Law of Property Act 1898. The lease is entered on the folio(s) for the life estate and the estate in remainder, and the notification will state:

'Lease To [lessee] Pursuant to Part 4 Conveyancing and Law of Property Act 1898 ...'. 

The lease remains current even though the life tenant may die or determine their estate before the expiry date.

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

Publication Date: February 2025