Published: 12 November 2019
Additional Resources: Help Card
You can lodge a Surrender of Lease or Underlease in PEXA.
A Surrender of Lease available to land titles of any tenancy type and requires both the lessor and lessee to be represented in the Workspace. A Surrender of Lease / Underlease may be applied over a Whole or Part of the lease. If the Lease being surrendered is subject to an Underlease, then the Underlease will be preserved and become a Lease.
Subscribers in the role of Proprietor on Title, Incoming Proprietor, and To Deal with an Interest can lodge a Surrender of Lease or Underlease either:
A Surrender of Lease/ Underlease may be applied:
If you surrender multiple Leases within the same Lodgement Case, please ensure that only one Surrender of Lease document is created for each Lease or Underlease. You cannot create one Surrender of Lease document for multiple Leases or Underleases.
Supporting documents are required when lodging a Surrender of Lease or Underlease in PEXA. 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 Surrender of Lease or Underlease. To determine which supporting documents are required, please refer to the 'Jessups Lands Titles Office Forms and Practice' guide.
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:
For more information, please visit the Land Services SA website on how to lodge an ‘Application to Note Change of Name’.
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.
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.
Depending on your role in the Workspace, you’ll represent the party in your respective role.
Repeat this step for all lessors whom you represent.
Note: All lessors in the Lease / Underlease must be represented.
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.
If you also represent the lessee then ensure you're in the role of To deal with an Interest to represent the lessee in the Workspace. If you're in another Workspace role, then switch roles now.
This section auto-populates with the details of the represented lessor.
This section auto-populates with the details of the represented lessee.
Specify the details of the surrender.
Complete this step only if you are providing source funds, otherwise skip this step.
You have submitted a Surrender of Lease for lodgement. All parties need to sign the Financial Settlement Schedule. Make sure the status of the Workspace is Ready on the day of settlement.
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