Request form 11R
Dealing type - R
Legislation - section 54 Real Property Act 1900.
Stamp duty - required
NOTE: This dealing type must be lodged as an electronic dealing. It can be lodged as a Dealing with Exception only in the following limited scenarios and if accompanied by a completed Lodgment Rules Exception form:
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part of the leased land is being surrendered
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the lease that is being surrendered is a sublease or
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the recorded lease is under the general law (an old system lease recorded in a folio of the land Register as a subsisting interest, see below).
NOS form - required for a surrender by operation of law of a Crown land tenure Term Lease or a Crown land Real Property Act lease. Panels 1, 2, 3B and 5 require completion.
Not required in all other cases.
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.
A determination of a lease based on surrender by operation of law may occur where the lessee has left the premises in such a manner as to imply a surrender of the lease and the lessor has regained possession of the land or premises. In order to apply for the surrender of lease by operation of law, the lessee must not be available to execute a Surrender Of Lease form.
A surrender by operation of law 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 surrender by operation of law.
For determination of a lease by:
(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.
A mortgagee in possession may apply. The dealing must be accompanied by a statutory declaration stating that the mortgagee is in exclusive possession of the land.
(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 stating that:
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it is the intention of the lessee to give up the premises and of the lessor to accept that intention as a surrender;
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the lessor has resumed possession of the land or premises; and
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the lessee was not, by reason of any mortgage, charge or covenant charge on the lease, incompetent to surrender on the relevant date.
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.
(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, as appropriate, 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/
Staff processing information
Refer to the Senior Dealing Examiner 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 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
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: June 2025