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
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Leases - Voluntary Registration
Discontinuous Leases out of unregistered Land
see section 3(4) Land Registration Act 2002. This provision is new under the LRA 2002.
See section: Discontinuous Leases out of registered title or granted for a term of more than seven years out of unregistered Property as to what constitutes a 'discontinuous' Lease, and how to calculate the length of the term of the Lease.
A voluntary application will be accepted by Land Registry, regardless of the length of the term of the Lease.
A voluntary application submitted by Conveyancing Solicitors and Property Lawyers will be accepted, regardless of the length of the term, i.e. the Lease does not have to be fore more than seven years (364 weeks). However, if a discontinuous Lease is granted on or after 13 October, or a transfer of a discontinuous Lease is made on or after 13 October 2003, it must be registered if it falls within sections 4(1)(c) and 4(1)(a) Land Registration Act 2002 - see section: New Leases granted for a term of more than seven years out of unregistered Land and the section: Transfer or assignments of unregistered Leases having more than seven years of the term unexpired.
To calculate the length of the term on such a Lease, Conveyancing Solicitors and Property Lawyers should multiply the number of complete weeks each year the Property is demised by the number of years granted. If the total is more than seven years (ie. more than 364 complete weeks) the Lease and/or transfer will be compulsory registrable.
Leases that cannot be registered
Section 3(5) Land Registration Act 2002 specifically details when Land Registry cannot accept an application from Conveyancing Solicitors and Property Lawyers to accept a register a leasehold Property, i.e. if the estate owner (the applicant) has the leasehold Property vested in him or her as a mortgagee, where there is a subsisting right of redemption.
The following sections give details of the leasehold estates in Land that cannot be lodged for registration.
Leases granted for a term of seven years or less or where the unexpired term is for seven years or less
sections 3(3) and 4(1)(c) and 27(2)(b)(i) Land Registration Act 2002 state that Leases must be granted for a period of more than seven years to be registrable, or have more than seven years of the term expired.
N.B. The following are exceptions to this and these Leases can be registered irrespective of their term:
- Right to Buy Leases, pursuant to Part V of the Housing Act 1985
- Preserved Right to Buy Leases pursuant to section 171A Housing Act 1985.
- Discontinuous Leases
- Reversionary Leases granted on or after 13 October 2003 that are to take effect more than three months from the date of grant out of either:
* an unregistered freehold estate
* an unregistered leasehold estate in Land for a term that at the time of the grant of the Lease has more than seven years left to run, or
* a registered title
N.B: Some of these Leases are compulsorily registrable. see section: How to apply the LRA 2002 and LRR 2003 - compulsorily registration of Leases.
Lease term starts more than 21 years from the date of Lease
Usually a Lease for which a rent or premium is payable where the term starts more than 21 years from the date of the Lease is void - see section 149(3) Law of Property Act 1925. Therefore, such Leases cannot be registered.
Leases with no certain start date
If no commencement date is stated in the Lease, it cannot be assumed it will start on the same date as the Lease. Consequently as the term of the Lease is not certain, these Leases cannot be registered at Land Registry.
Lessor and Lessee are the same
The House of Lords decided that neither one person, nor a company, can create a Lease in favour of the same person or company. Any attempt to do so is without legal effect (Rye -v- Rye [1962] AC 496). Therefore, Land Registry cannot give any kind of registered title to such a Lease.
Public - Private Partnership (PPP) Leases
A Public - Private Partnership Lease is a Lease that constitutes a 'public - private ppartnership' agreement see section 210 and 211 of the Greater London Authority Act 1999.
The Lease will usually be between London Regional Transport, Transport for London or one of its subsidiaries and a private company, for the purpose of maintaining or providing a railway, e.g. an underground railway.
Public - Private Partnership Leases are not registrable - see section 90(1), (2) and (3) Land Registration Act 2002. They are classed as an interest that overrides both first registration and registered dispositions - see section 90(5) LRA 2002.
Leases vested in a person as a mortgagee - subsisting right of redemption
see section 3(5) Land Registration Act 2002.
A Lease vested in a person as mortgagee where there is a subsisting right of redemption cannot be registered.
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
. . . continued on page 5 (Manchester Conveyancing Solicitors Property Lawyers on Commercial Business Leases 5)
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