Variation of lease
ADIS Code - VL
A variation of a lease, including a sub-lease, may vary or amend the term, options of renewal or purchase or other conditions contained in the lease.
The original lease or sub-lease is not required.
Stamp duty - not required if the variation is dated on or after 1-1-2008. Required if the variation is dated before 1-1-2008 regardless of the terms or provisions varied.
If not marked Registration insisted upon, is prohibited.
Any alteration to the term or rent must be marked.
Registration copy - Required. If unacceptable, Registration insisted upon is prohibited.
Statement of Title Particulars form - Not required.
NOS form - Not required.
Index Particulars form (completion)
(A) Lodging Party - Must be completed.
(B) Instrument - Lease - Variation of
(C) Locality - Not required.
Link Conveyance - Not required.
Principal Deed - The registered affected lease or sub-lease.
(D) Indexing - The lessor and the lessee, and the head lessor if a sub-lease is affected.
(E) Certification - Required.
Date: must be dated with the date of execution. If not dated advise the lodging party. If a date is not furnished, indicate Registration insisted upon and include the reason.
Name: the full names (initials are acceptable) of the lessor and the lessee are required. Advise the lodging party of any discrepancies in names.
Operative clause: "... hereby varies...".
Principal Deed: the number of the affected lease or sub-lease as stated in the variation must be identical to the number stated on the IPF. If affecting a sub-lease, the head lease number is also required..
Execution: by the party that is burdened by the variation. A power of attorney must be registered, The party that benefits from the variation does not have to sign.
Attestation: required. Must be witnessed by a person of 18 years of age or older who is not a party to the document.
IPF: must be completed.
Staff processing information
A variation of an unregistered lease or sub-lease must be entered in the General Frame, ie code "G", with a Noting: "Variation of unregistered lease/sub-lease dated .... affecting [description of land]". Enter the Locality and Link Conveyance. For an unregistered sub-lease, enter the head lease, if registered, as a Principal Deed. Enter the lessor, and the sub-lessor if affecting a registered sublease, as Vendors entries.
Term etc: a cursory check of the term, dates and description is required Any discrepancies must be brought to the attention of the lodging party. If registration of the variation is required, indicate Registration insisted upon and include the reason.
CA Not required
Link Conveyance: nil.
Principal Deed: the registered number of the lease or sub-lease being varied.
Noting: "Affecting [description of the land or premises]".
If the variation affects:
- an interest, state: "interest in" (or Noting Code: "I"
- a share, state: "[fraction] share"
- part of the land, state: "[affected land description]"
- the land description relies on an attached plan, state: "see attached plan" (or Noting Code: "PL").
V: the lessor and the lessee, and the head lessor if a sub-lease is affected, deceased estates or trusts, and any variations thereof.