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How do I register a lease in NSW?

A lease of three years or less can be registered if the parties agree. The lease will need to be in registrable form. If the lease is more than three years, the lessor should lodge the lease at Land Registry Services within three months after the tenant returns the signed lease to the landlord or their agent.

Does a 3 year lease need to be registered?

Modern commercial leases are normally required to be registered if they're granted for a period of more than seven years. If the period is for less than seven years, then registration typically isn't needed. This is the case for both sub-leases and head-leases.

Does lease need to be registered?

When does a commercial lease need to be registered? Modern commercial leases are normally required to be registered if they're granted for a period of more than seven years. If the period is for less than seven years, then registration typically isn't needed.

When must a lease be registered?

Leases that Must be Registered Within 2 months of completion of the purchase of a leasehold estate an application must be made for registration at the Land Registry where the lease is for a period of more than 7 years (or where more than 7 years remains on an existing lease).

Do leases need to be registered NSW?

In NSW, retail and commercial leases with a term (including any option periods) exceeding 3 years must be registered. Leases shorter than 3 years may be registered where the parties agree to do so.

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What happens if you don't register a lease?

Registration at Land Registry constitutes notice of the lease to all parties and for all purposes. If the lease is not registered, it follows that this notice is not given. The consequence of this is that a landlord may not be able to recover unpaid rent from the guarantor if the tenant fails to pay.

Do you have to register a lease with Land Registry?

Leases for more than seven years must be registered with the Land Registry, and it's usually the tenant's responsibility to complete that registration. If they fail to do so within two months of completion, it is not a valid legal lease and only takes effect as an agreement for a lease (a contract).

How long do you have to register a lease at the Land Registry?

Leases that Must be Registered Within 2 months of completion of the purchase of a leasehold estate an application must be made for registration at the Land Registry where the lease is for a period of more than 7 years (or where more than 7 years remains on an existing lease).

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