Lease/Underlease (SA) | Help Centre

[Saysa]

Published: 12 November 2019
Jurisdiction: SA
Additional Resources: Help Card

Overview

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PEXA now supports the electronic lodgement of Leases in South Australia.  A Lease enables the representatives of the Lessor and the Lessee to prepare, sign and lodge a Lease or Underlease over Whole or Part of the land in a title.

Who can lodge?

A Lease or Underlease may be lodged by the Proprietor on Title or by the lessee of a Lease or Underlease. In the case where a Transfer is involved, then the Incoming Proprietor may lodge a Lease.

Supported scenarios

A Lease may be lodged in the following scenarios:  

• As a standalone document,
• In combination with other documents such as a Transfer of Land or Mortgage and Discharges,
• In a series with other Leases (i.e. consecutive leases), except on a Lease or Underlease not yet registered.

Is supporting document required?

Supporting document may be required when lodging a Lease in SA. If there is a mortgage or encumbrance over the lease or land, then a Consent from the mortgagee or encumbrancee may need to be attached. To determine if supporting documents are required, please refer to the 'Jessups Lands Title Office Forms and Practice' guide.

Dealing with name justifications

In the state of South Australia, when the Proprietor on Title (who is remaining on title) has a current name that is different from the name that is registered on title, then an ‘Application to Note Change of Name’ must be lodged in paper through Land Services SA to update the Register before the following Document Types can be lodged electronically:

• Lease
• Underlease
• Surrender of Lease/Underlease
• Part Tenancy Transfer

For more information, please visit the Land Services SA website on how to lodge an ‘Application to Note Change of Name’.

Steps

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Prerequisites

• Ensure that the current name of the Proprietor on Title is the same name registered on title, otherwise you are required to complete and lodge an 'Application to Note Change of Name' with Land Services SA first.

Instructions

These instructions assume you're creating a new Workspace in PEXA. If you've accepted an invitation to the Workspace, then skip to Step 3.

1. Create a Workspace with the following settings:
   • Representative role:
     • Proprietor on Title–If lodging as the lessor in a standalone Lease,
     • Incoming Proprietor–If lodging as the lessor in a Transfer, or
     • To deal with an Interest–If lodging as the lessor for an Underlease or when representing a lessee.

     Note: If you represent both parties, you must add the other role in Workspace Settings, then for each party, continue with the steps relevant for your role.

   • Financial Settlement Required?
     • Yes–If lodging together with a Transfer.
     • No–If lodging as a standalone Lease.
   • Complete the other fields as required.
2. Review the Land Title:
   • Check the details returned from the Land Registry.
3. Represent all lessors in the Lease/Underlease:
   1. Navigate to the Participant screen and click Edit next to the lessor whom you represent.
   2. Complete the Party Details.
   3. Save the changes.

   Repeat this step for all lessors whom you represent.
   Note: All lessors in the applicable Lease / Underlease must be represented.

4. Represent the lessee as Interest Holder:

   Now it's time to represent the lessee in the role of To deal with an Interest.

   
   If you don't represent the lessee, then invite the party's representative into the Workspace in the role of To deal with an Interest.

   1. On the Participants screen, click Invite Participant.
   2. In the Participants field, start typing the name of the practitioner representing the lessee and select their name from the drop-down list. If their name doesn't appear in the list, you can 'invite them to connect' via the on-screen link.
   3. For the Role, select To deal with an Interest.
   4. Click Send Invitations.
      An invitation will be sent to the participant. 
   5. Wait for the participant to:
      • Accept the invitation via Invitations.
      • Create and represent the lessee party.

   
   If you represent the lessee then ensure you're in the role of To deal with an Interest. If you're in another Workspace role, then switch roles now to add the lessee in to the Workspace.

   1. In the role of To deal with an Interest, click Create Party.
   2. Complete the Party Details.
   3. Save the changes.
5. Create a Lease document:
   The Lease/Underlease document is created by the lessor when all parties have been represented.
   
   1. Navigate to Documents > Create Document > Lease.
   2. Complete the following fields on the Lease screen:
      
      Titles
      • For each land title, specify whether the lease applies to a Whole or Part of the title:
        • If the extent is Part then select Part - Land description or Part - Other description and add details  of the part of the land being leased.
      • For Is this an Underlease:
        • Select No if you are creating a Lease.
        • Select Yes if you are creating an Underlease.
      • For Interest Affected, select the applicable Lease/Underlease on title.
        
        

      Lessor Details

      This section auto-populates with the details of the represented lessor.

      • You must enter an address for each lessor.
      
      

      Lessee Details

      This section auto-populates with the represented Lessees' details.

      • You must enter an address for each lessee.

      
      Lease Details

      Specify the details of the lease.

      Field	Field description
      Lease period	Use the date picker on the calendar to specify the start and/ or end date for the lease. If either a start date or end date hasn’t been specified, then you must enter a text description describing the length of lease or lease expiry terms.
      Rights of renewal details	Select Yes if a right to renew the lease has been granted. If you select Yes, you are required to enter a general text description describing the renewal.
      Rent details	Enter a text description of the rent amount.
      Easement details	Select Yes if easement has been granted as part of this lease agreement. If you select Yes, you are required to enter a general text description describing the easement.
      Standard terms	Enter the dealing number (ID) of the memorandum instrument from the Land Registry.
      Attach file for Covenants	Select the check box if you are attaching a PDF copy of the covenants
      Additional Covenants	Additional Covenants is required if attaching a PDF copy of the covenants, you must upload and attach the Covenants to the Lease.
      Development Act Statement	Specify if a Development Act Statement is applicable.

      
      
      
   3. Save the Lease document.
   
   Note: Multiple leases can be created in the same Workspace. If there is more than one lease, then repeat this step for each lease required.
6. Upload and attach supporting files:
   Upload supporting files and attach it to the Lease document. If there is a mortgage or encumbrance over the lease or land, then a consent from the mortgagee or encumbrancee must be attached to the Lease or Underlease.
   
   1. In the role representing the lessor, navigate to Files > Upload Files.
   2. Upload the file:
      • Browse for the file.
      • Under Land Registry Attachment File, select Consents/Covenants to attach consents or covenants.
      • Click Upload.
   3. From the Action column, select Attach to attach the file to the Lease.
7. View, sign, and lodge the documents:
   1. Once the Lease or Underlease is Prepared and Successful, select View to view a render of this document. Click Back to return to the Documents screen.
   2. Click Sign to sign the Lodgement instructions, Lease / Underlease, and if applicable, a Transfer.
      Note:
      • The Lease must be signed by both the lessor and lessee.
      • The Lodgement Instruction is signed by the Responsible Subscriber.
   3. Click Submit for Lodgement.

Results

You have submitted a Lease.

Related Topics

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• Surrender of Lease (SA)
• Lease (NSW)