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 7 . . .
Leases - Determination
'CLRA 2002' means the Commonhold and Leasehold Reform Act 2002
'LGHA 1989' means the Local Government and Housing Act 1989;
'LPA 1925' means the Law of Property Act 1925
'LRA 2002' means the Land Registration Act 2002
'LRR 2003' means Land Registration Rules 2003 (as amended)
'LTA 1954' means the Landlord and Tenant Act 1954
'prescribed clauses Lease' means any Lease which is required by rule 58A LRR 2003 to contain the prescribed clauses set out in schedule 1A LRR 2003;
'reversionary estate' means the immediate reversionary estate to the Lease which is being determined;
'registered reversionary title' means the registered title relating to a registered reversionary estate
There are various ways in which a leasehold estate in Land may come to an end and affect either a registered title or a title that is the subject of first registration.
For example:
- merger of Lease - when the leasehold estate is registered and the reversionary estate is either registered, or is the subject of an application for first registration
- cancellation of notice of an unregistered Lease from a registered reversionary title
- determination of a registered Lease into a reversionary estate, which is neither registered nor the subject of an application for first registration.
More specifically the Lease itself can determine on:
- merger
- surrender by deed
- surrender by operation of law
- disclaimer
- effluxion of time
- forfeiture
- determination by notice
- frustration
- enlargement.
Applying to Land Registry
Conveyancing Solicitors and Property Lawyers will need to consider and take any appropriate action on the following points.
Documents required:
In addition to any documents that may be specified in the sections relating to the method by which the Lease has been determined, the following documents will be required, depending on whether the leasehold estate and/or the reversionary estate are registered.
- both interests registered. To close a registered leasehold title on determination and cancel the notice of that Lease on the registered reversionary title, Conveyancing Solicitors and Property Lawyers will need to lodge:
- form AP1 for closure of the registered leasehold title
- the original Lease and/or counterpart Lease, if it is in the Solicitors possession.
NB: This will also apply if the reversionary estate is the subject of an application for first registration.
- cancellation of notice of an unregistered Lease - reversionary estate registered. A registered reversionary title may be subject to a Lease, although this Lease is not itself substantively registered. The Lease will be noted either in the charges register of the Property Deeds or in a schedule of notice of Leases on the registered reversionary title. Conveyancing Solicitors and Property Lawyers may apply for cancellation of the noted Lease if they can lodge appropriate documentary evidence to prove that the unregistered leasehold estate has been determined. Conveyancing Solicitors and Property Lawyers will need to lodge:
- form CN1 - see rule 87(1) Land Registration Rules 2003
NB1: Conveyancing Solicitors and Property Lawyers will need to complete panels 9 and 10 appropriately.
NB2: Conveyancing Solicitors and Property Lawyers will also need to lodge a form AP1 if they are applying for the registration of additional deeds affecting the registered reversionary title.
NB3: If the Lease is noted on the registered reversionary title by way of a unilateral notice (rather than by way of an agreed notice or a notice entered by the Registrar in the course of an application for first registration), an application either to cancel or remove the unilateral notice must be made in form UN4 or form UN2 respectively.
- documents of title to the determined leasehold estate listed on a form DL (in duplicate) showing satisfactory evidence of title to the unregistered Lease similar to that required on first registration - see rule 87(1) LRR 2003. Where the application is made by the Landlord, satisfactory evidence of title may be shown by the counterpart Lease and copies of any assignments.
NB1: This will also apply if the reversionary estate is the subject of an application for first registration.
NB2: Conveyancing Solicitors and Property Lawyers should lodge current Land Charges searches against the name(s) of the owner(s) of the leasehold estate being determined and account for any entries revealed.
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
. . . continued on page 9 (Manchester Conveyancing Solicitors Property Lawyers on Commercial Business Leases 9)
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