From 10 December 2018 electronic lodgement of leases commences via PEXA.
Summary of the procedure for electronic lodgement of leases
The annexures to the Real Property Act lease form are prepared in the usual way outside PEXA and then uploaded for attachment to the RPA lease form in PEXA .
The RPA lease form is created in PEXA, the annexures attached and the lease document is then signed and lodged electronically.
A lease may be lodged electronically:
- as a stand-alone registration;
- in combination with a transfer of land; and
- in a series with other leases.
Sub-leases, surrenders of lease and variations of lease are not yet available in PEXA. This functionality is expected mid-2019.
The Office of the Registrar General has granted a partial waiver of a subscriber’s obligations to comply with rule 1 of Schedule 3 – Certification Rules of the Model Participation Rules relating to verification of identity for lessors and lessees, in that there is no requirement to take reasonable steps to verify the identity of the parties. The waiver will continue until either the Model Participation Rules are amended or the partial waiver is revoked.
By Lawyers Leases (NSW) guide updated for electronic lodgement of leases
The relevant sections of the By Lawyers Leases (NSW) commentary, as well as the following applicable precedents, has now been updated for the electronic lodgement of leases:
- To do list; and
- Retainer instructions.
A new folder E. If required – Electronic lodgement has been added to both the Act for lessor and Act for lessee matter plans and includes:
- A brief explanation of the transition to E-conveyancing;
- Letter to lessor/lessee enclosing lease to be registered and client authorisation; and
- Client Authorisation forms.
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