Surrender of lease

Form 07DL (PDF 550 KB)

Dealing type

DL

MA  (surrender of a Crown land tenure Lease)

Legislation - s54 Real Property Act 1900

Stamp duty - required

Any alteration to the consideration must be marked by the Office of State Revenue.

Certificate of Title - required for:

  • surrender of a lease
  • the common property of a Strata scheme where a lease of land for additional common property is surrendered.

Not required for surrender of:

  • a Crown land tenure Term Lease or Crown land Real Property Act lease
  • a sublease.

NOS form - required for a surrender of a Crown land tenure Term Lease or Crown land Real Property Act lease.

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.

Does not prevent registration where the caveat is drawn against the land. The claim in the caveat must be inspected.

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

An extra lodgment fee is payable for each additional lease where more than one lease by the same lessor and lessee is being surrendered on the one form.

Where lodged by the State Lands Services only, if:

  • if the issued certificate of title for the Crown land tenure Perpetual Lease is not lodged or produced and
  • if no mortgages are noted on the Register,

a statutory declaration giving details as to the loss or destruction of the title is required. Refer to SD6.  If a mortgage is noted on the Register, an Application for a Replacement Certificate of Title form 12PV (PDF 200 KB) must be lodged.

A surrender 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 Surrender Of Lease form 07DL 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. See Baalman and Wells, Land Titles Practice, Lawbook Co. 2001 [300.700].

The surrender of a head lease does not imply the surrender of any current sub-leases affecting it.  The sub-leases remain on the title as leases for their term. See Baalman and Wells, Land Titles Office Practice, Lawbook Co. 2001 [295.150], s121 Conveyancing Act 1919. If the sublease affects only part of the land or premises in the head lease, submit to SM99.

For the surrender of a Crown land Real Property Act lease or Crown land tenure Lease a direction must be given by the State Lands Services as regards a current sub-lease.

(A) The reference to title for the land affected must be stated. Where the property leased is contained in a lease folio, the number of the lease folio only must be stated. A lease can be surrendered as regards part of the land or part of the premises. The part being surrendered must be described in the same manner as for a lease, see Lease 07L Note (A)

Note  A surrender may affect an option of purchase or renewal only.

(B) The registered number of the head lease of a sublease being surrendered must be stated. The reference to title for the land affected must be stated. Where the property leased is contained in a lease folio, the number of the lease folio is the reference to title.

Where the lessee is an Owners Corporation and the lease being surrendered is for additional common property, the lease notification must be removed from the affected land and the common property title.

Where the lessee is the Association and the lease being surrendered is for additional Association property in a Community Title scheme, the lease notification must be removed from the affected land and the Association property title, ie lot 1 in the Community Title scheme.

(D) The full name of the lessor must be stated and must be identical to the name of the registered proprietor of the estate or lessee of the head lease as shown on the Register. A lease may be surrendered as regards less than all of the lessees.

A mortgagee or chargee in possession may surrender a lease. A statutory declaration by the mortgagee/chargee or their solicitor or barrister stating the mortgagee or chargee is in possession must be furnished.

(E) The registered number of the lease or sublease being surrendered must be stated.

(F) The full name of the lessee must be stated and must be identical to the name of the lessee shown on the Register.

Where a lessee has died a Notice of Death form 02ND (PDF 100 KB) or a Transmission Application by devisee, beneficiary or next of kin form 03AD (PDF 110 KB) or Transmission Application by executor, administrator or trustee form 03AE (PDF 110 KB), as appropriate, must be lodged before the surrender of lease.

(G) The consideration is optional.

(H) The term that does not apply must be deleted and verified.

(I) The dealing must be executed by the lessor and the lessee and be witnessed, or be executed on their behalf as follows:

Attorney and witnessed Solicitor or Barrister Authorised Officer and witnessed Licensed Conveyancer
Lessor1 Tick Tick Tick Tick
Lessee Tick Cross Tick Cross

1    A mortgagee or chargee in possession may execute the surrender.

Where The State of New South Wales is the lessor the surrender must be signed by an authorised officer of the State Lands Services, the capacity must be stated, and the execution must be witnessed.

Where the lessor or lessee 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 lessor or lessee 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

Note  If a concurrent lease is recorded on the Register the surrender of the original lease must be executed or consented to by the concurrent lessee, their attorney or authorised officer.

(J) The consent of any mortgagee, chargee or covenant chargee of the lease being surrendered is required. The full name of the mortgagee, chargee or covenant chargee and the registered number of the mortgage etc must be stated. The consent must be signed by the mortgagee, chargee or covenant chargee, their attorney, or authorised officer.  The mortgage etc will be removed with the lease. Note  The mortgagee may claim exemption pursuant to s107 Conveyancing Act 1919.

Staff processing information

If in order proceed with registration except for the following.

Refer to SM99

  • where part of the land or part of the premises is being surrendered.
  • where the lease created an easement.

Refer to SD2

  • for the recording of current sub-leases as leases where the head lease is surrendered. For SD2: where a new head lease to the same lessee is lodged, a requisition must be raised: 'How is it proposed to justify the incoming lease in view of Sub-lease ... which will be preserved as a head lease on registration of Surrender of Lease'.
  • where the surrender of lease affects a title held by SD2.

Refer to SD6

  • surrender of a Crown land tenure Lease.
  • surrender of a Crown land Real Property Act lease.

Refer to Legal through the Senior Examining Officer

  • where the lessor holds the lease in a fiduciary capacity.
  • where a mortgagee or chargee has entered into possession.
  • where a mortgagee claims exemption from consent (s107 Conveyancing Act 1919).
  • affecting a Book and No. lease accompanied by evidence of devolution.

Registration procedure

PRIME CODE    code of lease being surrendered as shown on the Register

PRIME NO.    number of lease.

Note  Where the lease is for:

  • additional common property in a Strata scheme, also remove the related notification from the common property title;
  • additional Association property in a Community Title scheme, also remove the related notification from the Association property title, i.e. lot 1 in the Community Title scheme.

Surrender of sub-lease

PRIME CODE    code of head lease as shown on the Register

PRIME NO.    number of head lease

SUB CODE    code of sub-lease being surrendered as shown on the Register

SUB NO.    number of sub-lease.

Surrender of part (premises) of a lease

TRANSACTION    click Cancel and select UNDR

PRIME CODE    code of lease as shown on the Register

PRIME NO.    number of lease

SUB CODE    UA

DETAILS    Surrendered As Regards [full description of premises].

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).