Lease registration: What are my obligations?
It is an obligation under the Retail Leases Act 1994 for landlords to register a retail lease of three or more years.
25 February, 2025
Under the NSW Retail Leases Act 1994, leases must be registered within three months after the lease is returned following its execution by the tenant. While it is the obligation of the landlord to register the lease, it is not uncommon for landlords to recover registration fees from the tenant.
It is important for leases to be registered to ensure regulatory compliance and to protect the legitimate interests of the parties to a lease.
For tenants, lease registration provides certainty and supports them to enforce their tenancy rights should there be a change in ownership. Additionally, in the event of a landlord defaulting on their mortgage, a registered lease ensures the tenant’s rights are recognised by the bank or mortgagee.
About retail lease registration
Lease registration is often handled by the landlord’s legal representatives or agents. Registration requires the lease to be in the approved form, and mortgagee consent is required if there is a mortgage (Section 53 of the Real Property Act 1900).
While lease registration is compulsory for a retail lease, any commercial lease can be registered if the parties agree to do so.
Registration and arrangements such as who pays registration fees should be negotiated and agreed upon as part of the lease negotiations.
It is important to note that it is usually only certain professionals, such as Licensed Conveyancers or Australian Legal Practitioners, who are able to register a lease. For further information on how to register your lease, please refer to NSW Land Registry Services.
For more information about retail leasing and other things to consider before entering a lease, please see our pre-lease fact sheets for both tenants and landlords: