Registering your lease
Retail leases with a lease period of more than three years, including any option period, must be registered. This helps to protect the tenant’s interests.
A lease of less than three years can be registered if the tenant and landlord agree to do that. However, to register it, the lease needs to be in a registerable form so you will want to check to make sure it complies.
If the lease is more than three years, the landlord must lodge the lease at Land and Property Information within three months after the tenant returns the signed lease to the landlord or their agent.
The tenant usually pays the lease registration fee.
The three-month period for registration can be extended if there is a delay in obtaining mortgagee or head landlord consent, so long as the landlord has made reasonable efforts to get consent.
If a lease is registered, a notation appears on the landlord’s certificate of title over that piece of land. This benefits the tenant, especially if the landlord sells the property – the new owner, who becomes the new landlord, must recognise the lease.
Retail leases with a term of less than three years, including the option term, are automatically protected by the Retail Leases Act 1994.
Commercial leases of more than three years must also be registered.