Surrender of freehold lease or sub-lease (Form 8)

Under section 69 of the Land Title Act 1994 (Qld), a registered lease may be wholly or partly surrendered by operation of law, or by registering an instrument of surrender signed by the lessor and the lessee. A surrender by registered instrument needs the consent of every registered mortgagee and registered sublessee of the lessee (s 69(2)). When the surrender is registered, the Registrar records the surrender date and the lessee's interest vests in the lessor (s 69(4), (5)). Form 8 is that instrument. Land Title Practice Manual (LTPM) Part 8 explains the practice, including partial surrenders and leases also burdened by an easement.

When you need it

• The lessor and lessee have agreed to end a registered lease or sub-lease early, in whole or in part.
• Only part of the leased premises is being given back, and that part can be precisely defined (by a whole lot, whole building or whole floor, or by a plan or sketch) (LTPM [8-2000]).
• Not needed where the lessor grants the same lessee a new lease of the same premises during the existing lease, which surrenders the old lease by operation of law; that is dealt with in Item 9 of the new Form 7.
• Not used to clear an expired lease from the title (that is a Form 14 request) or to record a lessor's re-entry (also Form 14).

1. 1

   Lodger panel and Item 1: the lease

   Complete the lodger details. In Item 1 insert the dealing number of the lease or sub-lease being surrendered. It appears on a current title search under the registered interests.

2. 2

   Item 2: land

   Insert the lot on plan description with its plan prefix and the title reference.

3. 3

   Items 3 and 4: parties

   Insert the full name of the lessor (or sub-lessor) in Item 3 and the lessee (or sub-lessee) in Item 4.

4. 4

   Item 5: surrender and lessee's signature

   Complete the surrender details and the date of surrender, and delete the paragraph, sentence or words that do not apply. The surrender date cannot be after the date the Form 8 is lodged (LTPM [8-4050]). The lessee signs in front of a witness listed in Schedule 1 of the Land Title Act 1994.

5. 5

   Item 6: lessor's acceptance

   The lessor signs and dates the acceptance of the surrender.

• Deposit a Form 18 General Consent from every registered mortgagee and sublessee of the lessee. If the lease is also the burdened interest of a registered easement, the consent of the easement grantee and of the mortgagees and lessees who benefit from the easement must also be deposited (LTPM [8-0030], [8-2000]).
• Lodgement fees are payable and a duty notation is required (LTPM [8-2000]). Check the current fee with the Titles Queensland fee calculator.
• Lodge by post to Titles Queensland, GPO Box 1401, Brisbane Qld 4001, or through eLodgement if you are a registered industry user. There is no need to deposit copies of the surrendered lease.
• For a partial surrender of part of a lot that cannot otherwise be precisely defined, a plan of survey or explanatory format plan must be lodged first; for part of a floor, bind a sketch plan into the surrender (LTPM [8-2000]).

• Get a current title search before you start, to confirm the lease dealing number and to see whether the lease is mortgaged or sub-let, since those parties must consent.
• Surrendering a head lease does not end a registered sub-lease; the sub-lease continues (LTPM [8-0030]).
• If the lessee cannot be found, the lessor may be able to sign under a power of attorney in the lease, but that power must be registered first (LTPM [8-2020]).