Transfer of lease, mortgage or charge

Form   01TL (PDF 150 KB)

Dealing type

TL  (transfer of lease or sublease)

TM  (transfer of mortgage or sub-mortgage)

TC  (transfer of charge)

Stamp duty - required for a transfer of lease or sublease.

Any alteration to the consideration must be marked.

Not required for a transfer of mortgage, sub-mortgage, or charge.

Certificate of Title - required for:

  • the common property of a Strata scheme for a transfer of lease to the Owners Corporation
  • lot 1 in a Community Title scheme for a transfer of lease to the Association.

Not required for a transfer of a lease, mortgage or charge.

NOS form - required for a transfer of a Crown land tenure Term Lease or a Crown land Real Property Act lease. Panels 1, 2, 3, 4 and 5 require completion. Ignore 3A and 4 if the transfer is not for value.

Not required for a transfer of a lease, mortgage or charge.

Standard form of Caveat - prevents registration where the caveat is drawn against the lease, mortgage or charge.

Does not prevent registration where the caveat is drawn against the land.

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

Minister's consent may be required for transfer of a Crown land tenure Term Lease or Crown land Real Property Act lease. Where the Minister's consent is required to lease or mortgage, consent is also required to transfer that lease or mortgage. Where the transfer is pursuant to a court order and affects a perpetual leasehold title, the Minister must be notified.

The dealing must not include any reference to the transferor or transferee being a trustee, executor or administrator for another party.

A transfer of lease affecting an expired lease will only be registered where:

  • the expired lease is still recorded on the register;
  • the transfer of lease is dated before the expiry date of the lease and:
    • the lease expired less than 12 months ago or
    • the lease contains a current first option to renew or
    • is within 12 months of expiry period or within a current first option to renew term, and is accompanied by a Variation of lease extending the term. 

A transfer of lease affecting a lease carried forward as a subsisting interest, i.e. 'Bk ... No. ... Lease To ...' must either:

  • be registered as a deed in the General Register of Deeds and a Request form 11R together with an Old System search showing the party entitled to deal with the lease must be lodged to record the interest. A change in proprietorship must be registered in the General Register of Deeds. See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [390.100]. Note The Transfer of Lease form 01TL cannot be registered in this instance or
  • be accompanied by:
    • an Old System search of the leasehold title and
    • a statutory declaration made by the person who undertook the Old System search of the leasehold title stating:
      • their qualification
      • that he or she has inspected all deeds since the leasehold title was created to the present time
      • the registered Book and No. and type of all instruments inspected to show the leasehold title has not expired and
      • the registered Book and No. and type of all instruments to which the leasehold estate is subject.

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.

Refer to Legal through the Senior Examining Officer in both instances.

Examination requirements for a transfer of a sublease or sub-mortgage are the same as those for a transfer of lease or mortgage.

A transfer of more than one lease, mortgage or charge involving the same transferor (e.g. the same mortgagee) and transferee is a multiple instrument. See Fees page.

Suitably modified the form may be used to:

  • discharge a mortgage of a lease where the mortgagee has been recorded as the lessee and the interest of the mortgagor has been protected by a Registrar General's caveat (registration requirements); or
  • transfer a mortgage of lease (including a Crown Land lease) under power of sale (registration requirements).

(A) The registered number of the lease, mortgage or charge being transferred must be stated.

(B) The reference to title for the land affected by the lease, mortgage or charge must be stated. In the case of a transfer of lease affecting a lease folio, the number of the lease folio only must be stated.

A transfer of lease involving part of the land may be registered.  It is more common for a sub-lease to be lodged, see Baalman and Wells, Land Titles Office Practice, Lawbook Co. 2001 [550.100].

(D) The full name of the transferor must be stated and must be identical to the name of the registered proprietor of the lease, mortgage or charge as shown on the Register.

(E) The consideration is optional.

(F) A writ against the lease, mortgage or charge must be noted in the Encumbrances, or the Court must consent to the dealing, or the writ must be removed.

(G) The full name of the transferee must be stated.

For a transfer to the mortgagor, lessor or charger (annuitant).

(H) Tenancy/shares must be stated where there is more than one lessee, mortgagee or chargee. Reference to the tenancy/shares will not be entered on the Register.

(I) The dealing must be executed by the transferor and the transferee and be witnessed, or it may be executed on their behalf as follows:

Attorney and witnessed Solicitor or Barrister Authorised Officer and witnessed Licensed Conveyancer
Transferor Tick Cross Tick Cross
Transferee Tick Tick Tick Tick

Where the dealing is a transfer of lease and the transferor or transferee is the Owners Corporation of a Strata scheme, execution must take the form as set out in Strata Schemes Approved Form 23 (PDF 128 KB).  The following certificates are also required:

  • Strata Schemes Approved Form 13 (PDF 23 KB)  and
  • Strata Schemes Approved Form 10 (PDF 8 KB) where the initial period is not shown as expired on the common property title.

Where the transferor or transferee 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 (PDF 20 KB). A certificate as in Community Title Schemes Approved Form 21 (PDF 20 KB) is also required.

See execution requirements for companies, witnesses etc. pages

(J) This section is to be completed where the notice of sale data (see NOS form above) has been forwarded to LPI through the eNOS facility.

Staff processing information

If in order proceed with registration except for the following.

Refer to SM99  Where the dealing involves the owners corporation of a strata scheme. 

Refer to SD52  Where a joint tenancy is severed.

Refer to SD6  A transfer of a perpetual leasehold title pursuant to a court order.

Refer to SM98 Where notifications are recorded under a mortgage or charge that changes the ownership of the mortgage/charge or changes the name of the mortgagee/chargee.

Refer to SD2  A transfer: 

  • of lease affecting a title shown in the ITS lease list.
  • of a retirement village lease.  (SD2 a transfer by an executor must be referred to Legal).

Refer to Legal through the Senior Examining Officer  A transfer of lease affecting a Book and No. lease accompanied by evidence of devolution of the lease.

Registration procedure

Transfer of lease

PRIME CODE    code of lease as shown on the Register

PRIME NO.    number of lease 

SUB CODE

ULT (lease)

UCLT (Crown land lease - for NOS purposes)

ULTP (transfer of lease under power of sale)

CODE (name)    P, C or Q  [name of lessee or mortgagee; include all current lessees or mortgagees].

Transfer of mortgage

TRANSACTION  MOD

PRIME CODE    code of mortgage as shown on the Register

PRIME NO.    number of mortgage

NEW PRIME CODE   M (where no mortgagee code exists)

MC etc (where a mortgagee code exists in ITS)

CODE (name)     P, C or Q where Prime Code M is selected  [name of all current mortgagees]

DETAILS  (See [dealing numbers of previous notifications that changed mortgagee] [number of Transfer of Mortgage]).

 

Transfer of charge

TRANSACTION MOD

PRIME CODE    code of charge as shown on the Register

PRIME NO.     number of charge

CODE (name)     P, C or Q [name of all current chargees].

DETAILS  (See [dealing numbers of previous notifications that changed mortgagee] [number of Transfer of Charge]).


Transfer of a sub-lease

PRIME CODE    code of lease affected by the sublease or sub-mortgage as shown on the Register

PRIME NO.    number of lease

SUB CODE

ULT (sublease)

click OK

CODE (name)    P, C or Q  [name of lessee; include all current lessees]

click Cancel

AFFECTED NO.    number of sublease or sub-mortgage transferred.

Transfer of a sub-mortgage 

TRANSACTION MOD

PRIME CODE    code of lease or mortgage affected by the sub-mortgage as shown on the Register

PRIME NO.     number of lease or mortgage

SUB CODE code of sub-mortgage

SUB CODE NO. number of sub-mortgage

CODE (name)    P, C or Q  [name of sub-mortgagee; include all current sub-mortgagees]

DETAILS  (See [dealing numbers of previous notifications that changed sub-mortgagee] [number of Transfer of Sub-Mortgage]).

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)