Manchester Conveyancing Solicitors | Ford Banks Irwin Solicitors - The Property Lawyers in Manchester on Commercial Business Leases
Please note: Not to be used or relied upon without legal advice. These notes are for illustration purposes ONLY
continued from page 14 . . .
Leases - Method of Determination
Determination - on frustration
A Lease may be determined by frustration, ie. the occurrence of an unforeseen event that makes performance impracticable. However, the instances in which the doctrine of frustration can apply to determine a Lease will be rare. Any application by Conveyancing Solicitors and Property Lawyers based upon determination on frustration will be considered on its individual facts.
NB: This section relates to the automatic determination of a Lease by the doctrine of frustration, and not to the determination of a Lease by notice on the occurrence of an event (such as the damage of the premises by fire so as to be beyond repair) referred to in a 'frustration clause' in the Lease.
Determination - on enlargement
A tenant who holds the residue of a long Lease of Land may, under certain conditions, 'enlarge' it into a freehold. This is usually achieved by either:
- the execution of a deed poll, or
- endorsement on one of the unregistered title deeds relating to an unregistered Lease.
On enlargement, the Land / Property remains subject to the same trusts and covenants that affect the original Lease.
To be capable of enlargement, the Lease must satisfy all of the following requirements (see section 153 Law of Property Act 1925)
- the unexpired residue of the term of the Lease must have at least 200 years left to run
- the original term must have been for at least 300 years
- there must be no trust or right of redemption in favour of the freeholder or other reversioner
- there must be no rent, or merely a peppercorn or other rent having no money value, or any rent must have ceased to be payable
- there must be no right of re-entry for condition broken
- the Lease must not be a sub-Lease out of Lease which is itself capable of enlargement
NB: A rent of no more than £1 a year, which has not been collected or paid for 20 years or more, is deemed to have ceased to be payable. Evidence by way of statutory declaration should be lodged by the Conveyancing Solicitors and Property Lawyers if this provision is relied on.
How to make the application
In addition to the documents required, as stated in section: Points to consider on all applications, Conveyancing Solicitors and Property Lawyers should lodge:
- form FR1 - if the Lease being enlarged is unregistered (whether or not there is an existing registered freehold title)
NB: No additional fee is payable on first registration, in respect of the enlargement itself
- form AP1 - if the Lease being enlarged is substantively registered
- the original Lease or a certified copy, or an examined abstract of the Lease, if the original Lease is not available.
Nb: if neither the original Lease nor full evidence of its contents is lodged by the Conveyancing Solicitors and Property Lawyers, Land Registry may only be able to grant a qualified freehold class of title to reflect the possibility that the Lease may not be capable of being enlarged
- either:
* the original deed poll, or
* the endorsement on one of the unregistered title deeds relating to an unregistered Lease which is being enlarged.
- a statutory declaration as to non payment of rent, if applicable.
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
. . . continued on page 16 (Manchester Conveyancing Solicitors Property Lawyers on Commercial Business Leases 16)
Please telephone Paul on 0161 866 8999 if you require any further information.
Ford Banks Irwin Solicitors
50 Stothard Road
Stretford
Manchester
M32 9HB
Tel: 0161 866 8999
Fax: 0161 866 8333
E-mail: info@FordBanksIrwinSolicitors.co.uk
Or you can use the ENQUIRY FORM (click here).
(you may need to press control 'Ctrl' button on your keyboard when clicking on the enquiry form link if you have a pop up blocker active)
Manchester
City Centre Serviced Office - Conference rooms are also
available by prior appointment at:
Manchester
Conveyancing Solicitors | Ford
Banks Irwin Solicitors
Pall Mall Court
King Street
Manchester
M2 4PD
Tel: 0161 866 8574
Please telephone 0161 866 8999 for a free quote.
Manchester Conveyancing Solicitors Property Lawyers on Business Leases page 1 | Manchester Conveyancing Solicitors Property Lawyers on Business Lease page 2 | Manchester Conveyancing Solicitors Property Lawyers on Business Leases 3 | Manchester Conveyancing Solicitors Property Lawyers on Business Lease page 4 | Manchester Conveyancing Solicitors Property Lawyers on Business Leases 5 | Manchester Conveyancing Solicitors Property Lawyers on Business Lease page 6 | Manchester Conveyancing Solicitors Property Lawyers on Business Leases 7 | Manchester Conveyancing Solicitors Property Lawyers on Business Lease page 8 | Manchester Conveyancing Solicitors Property Lawyers on Business Leases 9 | Manchester Conveyancing Solicitors Property Lawyers on Business Lease page 10 | Manchester Conveyancing Solicitors Property Lawyers on Business Leases 11 | Manchester Conveyancing Solicitors Property Lawyers on Business Lease page 12 | Manchester Conveyancing Solicitors Property Lawyers on Business Leases 13 | Manchester Conveyancing Solicitors Property Lawyers on Business Lease page 14 | Manchester Conveyancing Solicitors Property Lawyers on Business Leases 15 | Manchester Conveyancing Solicitors Property Lawyers on Business Lease page 16 | Manchester Conveyancing Solicitors Property Lawyers on Business Leases 17 | Manchester Conveyancing Solicitors Property Lawyers on Business Lease page 18 |