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You must pay stamp duty on a new lease only where you make a lump sum payment to encourage the landlord to grant the lease. For example, this occurs where the landlord requires a premium payment or if you enter into a lease after the landlord agrees to grant an option for an agreed amount.

Mortgagees will often pass on their costs for consenting. If a lease is not registered, any competing interest that is registered over the title will take preference to the unregistered lease. For a landlord, allowing a lease to be registered on their title is of no detriment and has little effect.

You must pay stamp duty on a new lease only where you make a lump sum payment to encourage the landlord to grant the lease. For example, this occurs where the landlord requires a premium payment or if you enter into a lease after the landlord agrees to grant an option for an agreed amount.

You must pay stamp duty on a new lease only where you make a lump sum payment to encourage the landlord to grant the lease. For example, this occurs where the landlord requires a premium payment or if you enter into a lease after the landlord agrees to grant an option for an agreed amount.

Mortgagees will often pass on their costs for consenting. If a lease is not registered, any competing interest that is registered over the title will take preference to the unregistered lease. For a landlord, allowing a lease to be registered on their title is of no detriment and has little effect.

Retail Lease Registration In NSW, SA and NT, for example, if the lease is registered (which is mandatory if it is a lease over three years, and one year in SA), it must be lodged for registration within one month after the lease is returned following payment of stamp duty.

You must pay stamp duty on a new lease only where you make a lump sum payment to encourage the landlord to grant the lease. For example, this occurs where the landlord requires a premium payment or if you enter into a lease after the landlord agrees to grant an option for an agreed amount.

An unregistered lease may cause a severe effect on the enforcement of the right. Such deed shall not be admitted in evidence. You cannot ask for specific performance of the contract from unregistered lease deed.

Retail Lease Registration In NSW, SA and NT, for example, if the lease is registered (which is mandatory if it is a lease over three years, and one year in SA), it must be lodged for registration within one month after the lease is returned following payment of stamp duty.

Legislation: A lease for a term exceeding 3 years must be registered in order to pass a legal interest to the lessee: see section 53 Real Property Act 1900 which requires a lease to be registered in the Approved Form.

An unregistered lease may cause a severe effect on the enforcement of the right. Such deed shall not be admitted in evidence. You cannot ask for specific performance of the contract from unregistered lease deed.

Retail leases with a lease period of more than three years, including any option period, must be registered. A lease of three years or less can be registered if the parties agree.

Legislation: A lease for a term exceeding 3 years must be registered in order to pass a legal interest to the lessee: see section 53 Real Property Act 1900 which requires a lease to be registered in the Approved Form.

Key Takeaway differences: A retail lease is used where there is a sale of goods or services, often in a shopping centre (cluster of 5 or more stores). A commercial lease is used for warehouse, industrial or office space premises.

Retail leases with a lease period of more than three years, including any option period, must be registered. A lease of three years or less can be registered if the parties agree.

Lack of legal protection in case of disputes: Without registering a lease, both landlords and tenants are vulnerable to potential disputes without a clear legal framework to rely on. This can lead to lengthy and costly legal battles, with uncertainty surrounding the validity and enforceability of the lease terms.

Key Takeaway differences: A retail lease is used where there is a sale of goods or services, often in a shopping centre (cluster of 5 or more stores). A commercial lease is used for warehouse, industrial or office space premises.

Lack of legal protection in case of disputes: Without registering a lease, both landlords and tenants are vulnerable to potential disputes without a clear legal framework to rely on. This can lead to lengthy and costly legal battles, with uncertainty surrounding the validity and enforceability of the lease terms.

There is no minimum or maximum length of agreement under NSW law. If, however, you are renting a premises for less than 3 months and for a holiday, then you should not use a residential tenancy agreement.