Mandatory Registration Of Leases

Originally Published 11^th February 2008

Lease registration is currently voluntary in each State and Territory (refer to Table 8.1 of the Draft Report).

Leasing practice differs in the various States and Territories in relation to registration.

The differing leasing practice stems from the various Torrens Title legislation in each State and Territory which confer an indefeasible leasehold title upon tenants.

Generally speaking, short term leases to tenants who are in possession do not need to be registered to give such tenants an indefeasible leasehold title.

The concept of a 'short term' lease differs between jurisdictions:

• NSW, Qld, Tas, ACT – short term means 3 years or less;