Notice · Commercial Property & Leasing
Notice exercising an option to renew a lease, with the exercise-window checklist and NSW option protections
A lessee's notice exercising an option to renew, with a checklist for the exercise window, conditions, service and the NSW protections: the lessor's 14-day breach notice under s 133E and the retail lessee's right to an early market rent determination.
- Kind
- Notice. A formal notice to serve or publish.
- Where it applies
- New South Wales, Australia
- AI use
- Red Keep AI out of the decisive steps. A lawyer does the work.
- Law stated as at
- 18 October 2026
- Status
- Maintained. Checked on 18 October 2026 against the 3 authorities it cites, for New South Wales and Australia.
- Version
- 1
- Source
- Written for this library
When to use it
Use when acting for a lessee whose lease contains an option to renew or extend, before the option window opens. Check the lease's window, conditions and notice clause first. Acting for the lessor, use Part C to respond to an exercise.
How AI may be used
AI may extract the option clause, dates and conditions from the lease into the checklist; the lawyer calculates the window, decides on any early rent determination, and settles, signs and serves the notice.
AI may
- Extract the option clause, the exercise window, conditions, the notice clause and the addresses for service from the lease and any variations
- List every notice of breach, arrears or default on the file within the lease term
- Prepare a critical dates table for the lawyer to verify
AI must not
- Must not calculate or state the last day for exercise as final; the lawyer checks it against the lease
- Must not draft wording in the notice itself, which follows the lease and is settled by the lawyer
- Must not decide whether a breach exists or whether to seek relief
The lawyer checks
- The window has been calculated from the lease's terms (including any variation or assignment) and the notice will be received inside it
- The notice is given by the right person (the current lessee) to the current lessor, at the address and by a method the lease allows, with proof of service
- Any condition about past or current breaches has been checked, and the client knows of the s 133E 14-day notice and one-month relief period
- For a NSW retail lease with a market rent option, whether to request an early determination under s 32 has been decided in time
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
Read the full text
The full text is for signed-in accounts. It is free. When you sign in you can:
- read the whole precedent, with its drafting notes beside it;
- copy it, or download it as a Word file or Markdown;
- add it to your firm’s knowledge base, so colleagues can find it;
- let the AI tools you connect read it from that knowledge base.
The summary, the law it rests on and the AI-use guidance above stay public. Privacy.
More in Commercial Property & Leasing
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- Deed of surrender of lease, with mutual release, make-good settlement and registration steps (NSW)
- Notice to remedy breach of lease before re-entry (Conveyancing Act 1919 (NSW) s 129 notice)
- End-of-lease make-good: checklist, schedule of works, settlement letter and return of security (NSW notes)
- Letter of advice to a tenant on a proposed commercial or retail lease (NSW)
- Verification checklist for AI-generated lease abstracts and critical-date reports
- Lease clause: smart-building data, surveillance devices and AI analytics
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