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.

Authorities

Read the full text

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