Australia: PEXA introduces the ability to register leases

Whilst it was just last year that the property industry was forced to get its collective head around the conveyancing portion of the Property Exchange Australia (PEXA) system, it has since 10 December 2018 been possible to register leases via PEXA - an update that has required many to take an even closer look at the growing benefits of the electronic conveyancing platform.

On hearing the news, my initial reaction was one of wariness - although having reviewed the actual requirements for registering a lease, it seems that this recent change does have the genuine potential to reduce the time that it takes to register leases here in Australia.  It is also clear that the procedure for registering leases via PEXA is easy to use and will, hopefully, facilitate a faster move towards electronic signing of leases.

What is the new process?

Users are now able to register a lease on PEXA if it falls within the following categories:

  1. It is a standalone document;
  2. It is in combination with other documents (i.e. Transfers or Mortgage Discharges); and
  3. It is in a series with other leases (i.e. consecutive leases).  

Once a Workspace has been created in PEXA, the user will be either automatically invited, or tasked with extending an invite to the other party (dependant on whether they represent the landlord or tenant).  

PEXA's ability to register leases negates the need for the LRS 07L form that many have become accustomed to, as the new system automatically generates a cover page based on a series of questions asked of the landlord.  Whilst this PEXA cover page does look different, it encompasses all of the relevant details, including lessor, lessee and lease specifics.

At present, there is no resource available to draft the Conditions and Provisions on PEXA (although this may be something to look out for in future releases). With this said, the process simply requires users to upload their document to the Workspace.  From there, it is possible to attach Plans, Ministers Consent and Caveator's Consent documents, Tenancy Guides and Disclosure Statements (for retail leases).

Practitioners sign off on behalf of their client (once they are given authority via a PEXA authorisation form) and the responsible party lodges the lease to the Land Registry.

The PEXA system allows practitioners the ability to invite the Mortgagee on Title into the Workspace, and for mortgagee consent to be given electronically.  It is currently uncertain, and time will tell, whether banks will insist on obtaining hard copies of such documents - however, if not required, it would provide the opportunity to speed up the finalisation of the leasing process.  In my experience, finalising the registration of a lease can often be delayed by the mortgagee consent process.  

Is there a downside to this new system?

Practitioners will be required to obtain a PEXA Client Authorisation and will need to complete a verification of identity.  Whilst this may add an extra step to the leasing procedure, I expect that most practitioners will be happy to accept more robust methods through which to identify clients. This change will also provide uniformity across firms with regard to client verification - especially due to the fact that in some practices, verification of identity is mandatory.

Current limitations

Whilst the system is currently only designed for leases, PEXA has suggested that Surrender and Variation of Leases will be released in the first half of 2019 - meaning that we are still waiting for subleases and assignments to be made available via the online platform.

There is no mention of when the registering of leases via PEXA will become mandatory, however practitioners should familiarise themselves with the electronic process sooner rather than later in order to ensure that they are effectively utilising all available services.

What you cannot escape from? 

One point that must be noted is that users will still be requisitioned if there is an issue with a submission, and that the lease may be made subject to manual review at the Land Registry if it does not meet all requirements - so you cannot expect to make shortcuts with page numberings or plans.  It appears that these requisitions will be issued via the notifications and chat section of the PEXA portal.  However, if you are requisitioned, you will receive a dealing number for the documents, visible in your PEXA workspace.  This is useful, as the number will allow you the ability to directly follow the progress of the relevant matter with the Land Registry.

The lodgement fee associated with registering a lease will no longer be applicable on the PEXA platform; and has been replaced with a PEXA fee.  The price difference between a lodgement and PEXA fee is not significant, with the latter costing $42.24 for a single title lease.  

Although some practitioners may wish to bury their heads in the sand and look to avoid change, I feel that this reform is another step in suitably pushing the leasing industry into a more efficient place one which undeniably provides a myriad of benefits not only to practitioners but also to their clients.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Similar Articles
Relevancy Powered by MondaqAI
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
Similar Articles
Relevancy Powered by MondaqAI
Related Articles
Up-coming Events Search
Font Size:
Mondaq on Twitter
Mondaq Sign Up
Gain free access to lawyers expertise from more than 250 countries.
Email Address
Company Name
Confirm Password
Mondaq Newsalert
Select Topics
Select Regions
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of

To Use you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions