On 11 October 2021, the Real Property Amendment (Certificates of Title) Act 2021 commenced, which abolished the Certificates of Title (CTs) and the control of the right to deal (CoRD) framework. All existing CTs have been cancelled and CTs will no longer be issued. Existing CTs will not need to be produced, and CoRD holder consent will not be required, for a dealing or plan to be registered. All existing Guidelines subject to this change are currently being reviewed and will be updated to reflect these changes. For further information regarding the abolition of CTs, please see https://www.registrargeneral.nsw.gov.au/property-and-conveyancing/eConveyancing/abolition-of-certificates-of-title

Termination of retirement village lease

Request form 11R 

Dealing type - R

Legislation - s129(2) Retirement Villages Act 1999

Stamp duty - required

NOS form - not required

Caveat - prevents registration where the caveat is recorded against the lease or sublease being terminated. NOTE:  A caveat drawn against the lease will be removed if the caveator consents to the termination.

Not required where the caveat is recorded against the land.

Priority Notice noted on the Register - see Priority Notice page.

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

A lease of residential premises in a retirement village may be terminated on satisfaction of the requirements set out in section 129(2). 

NOTE: Where a mortgage or charge of the lease is noted on the Register, a notice of the intention to determine the lease (and accordingly remove the mortgage or charge of lease) is prepared by NSW LRS and sent to the mortgagee or chargee.
The mortgagee or chargee then has 1 month from the date of the notice to seek a Court Order to prevent the Registrar General from registering the determination of the lease.
 
(B) The reference to folio for the land affected by the request must be stated. The lease must be terminated as regards the whole of the land or premises leased.

(C) The registered number of the head lease affected by a sublease being terminated 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. 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 must be stated.

(G) Full details of the request must be stated. The details of the request should be framed in the following manner:

The Applicant, being the registered proprietor of the land above described, requests the Registrar General to cancel the recording of Lease No .......... which has been terminated under the provisions of the Retirement Villages Act 1999.

The registered number of the lease being terminated must be stated. The request must be accompanied by a statutory declaration stating that the lease has been terminated in accordance with the Retirement Villages Act 1999. The statutory declaration must state how and when the residence right or contract is terminated.

NOTE: Where a request to remove a lease pursuant to section 129(2)(e) is lodged it should be accompanied by evidence that the lease is not an assignable lease and the premises has been permanently vacated. A copy of the death certificate of the lessee should also be lodged.

Where an executor lodges a transfer of lease, evidence (e.g. probate) should be furnished to show that the lease is an assignable lease.

(H) The dealing must be executed by the lessor and be witnessed, or be executed on the lessor's behalf as follows:

  Attorney and witnessed Solicitor or Barrister Authorised Officer and witnessed Licensed Conveyancer
Lessor Tick Tick Tick Tick

See execution requirements for companies, witnesses etc paged.

(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 SD2.

(SD2) Refer to Legal

Where the lease is subject to a mortgage or charge.

Registration procedure

TRANSACTION    OFF

PRIME CODE    code of lease as shown on the Register

PRIME NUMBER    number of lease.

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.
 

Publication Date: September 2024