Extension of Lease (E2)

Section 153(1) of the Real Property Act 1886 (SA) allows a mortgage, encumbrance or lease to be renewed or extended by registering an instrument in the appropriate form. For a lease, the instrument must be lodged no later than two months after the day on which the lease would otherwise expire (s 153(2)). Form E2 is the approved form, prefix EL. It extends the term on the same terms and conditions as the existing lease, except for any variations set out in the form. Land Services SA's guidance notes point to Form E1 for extending a mortgage.

When you need it

• The lessor and lessee of a registered lease have agreed to extend its term.
• The lease is about to expire, or expired less than two months ago, and the parties want to continue it on the registered terms.
• You want to extend the lease and make some variations to its terms at the same time.

1. 1

   Lease being extended

   Identify the lease by its registered number. If it is unregistered and lodged at the same time, describe it, for example 'lease dated ... from A to B lodged contemporaneously herewith'.

2. 2

   Land description

   Say whether the lease is over the whole ('Whole of the land in CT Volume ... Folio ...') or part of the land, identifying the part by plan, for example 'being area A in FP 42361'.

3. 3

   Lessee, lessor and consideration

   Give the full name and current address of the lessee and lessor. Express any consideration in words and figures, or insert 'valuable consideration', or strike the panel through if not applicable.

4. 4

   Term

   Insert a commencement date and an expiry date. The commencement date must run on from the original term.

5. 5

   Consents, variations and certification

   Insert any consents, such as a mortgagee's, and any variations, or write 'Not Applicable'. Date the form and complete the certification panels for the lessee and the lessor.

• Lodge no later than two months after the day the lease would otherwise expire (s 153(2)).
• Extensions of lease executed on or after 8 April 2024 must be lodged electronically unless an exemption applies, for example the lease has one day until expiry, expires on a weekend or public holiday, expires at a specified time, or is unregistered and lodged in series.
• Paper extensions are lodged at Land Services SA, Level 9, 101 Grenfell Street, Adelaide. A registration fee applies; check the current fees page.

• If the lessee's or lessor's name has changed, lodge an Application to Note Change/Correction of Name before the extension.
• Do not leave a gap between the old expiry date and the new term: the extension must run on from the original term.
• A self-represented party makes only the certifications about retaining evidence and the document being correct and compliant.