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Please telephone 0161 866 8999 for additional information

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 - when to register
 
Abbreviations and terms used:

'HA 1985' means the Housing Act 1985;
'LRA 2002' means the Land Registration Act 2002;

'LRR 2003' means the Land Registration Rules 2003;
'LRAAO 2008' means the Land Registration Act 2002 (Amendment) Order 2008;
'prescribed clauses lease' means any Lease granted on or after 19th June 2006 that is required by rule 58A LRR 2003 to contain the prescribed clauses set out in schedule 1A LRR 2003.


The LRA 2002, together with the LRR 2003, changes the categories of Leases that are now either compulsorily or voluntarily registrable, and also the Leases that Land Registry can note on the Property Title Deeds.

Not every Leasehold estate is capable of being registered with its own title, but the Land Registration Act 2002 substantially extends the scope of title registration, eg. many more business Leases will be subject to compulsory registration.

The information within this guide applies to:
- Leases dated on or after 13 October 2003;
- Leases existing before 13 October 2003;
- Assignments, transfers (on sale, by way of gift or by Order of the Court) or assents, including vesting assents, dated on or after 13 October 2003, of existing leasehold estates having more then seven years of the term left to run
- first legal mortgages dated on or after 13 October 2003
- assignments and transfers dated on or after 6 April 2009 of existing unregistered leasehold estates having more than seven years of the term left to run:
* giving effect to a partition of Land / Property subject to a trust of Land;
* by deed that appoints, or by virtue of section 83 Charities Act 1993 has effect as if it appointed, a new trustee or is made in consequence of the appointment of a new trustee, or
* by a vesting order under section 44 Trustee Act 1925 that is consequential on the appointment of a new trustee.


Compulsory Registration

Section 4 Land Registration Act 2002 specifically sets out the circumstances when an application for first registration should be made.

The estate owner, or their successor in title, should instruct Conveyancing Solicitors and Property Lawyers to apply for first registration - see section 6(1) Land Registration Act 2002.

The period for registration is two months from the date of the deed inducing registration - see section 6(4) Land Registration Act 2002. However, an Order can be made to extend the period of registration - see section 6(5) Land Registration Act 2002.

Section 27(2)(b) Land Registration Act 2002 specifically sets out the circumstances when Leases out of a registered title should be registered.


New Leases granted for a term of more than seven years out of unregistered land:

See section 4(1)(c) Land Registration Act 2002.

Leases granted for a term of more than seven years from the date of the grant out of either an unregistered freehold or leasehold estates, will be compulsorily registrable provided they are either:
- for valuable or other consideration - that under section 4(6) Land Registration Act 2002 includes estates that have a negative value, or
- by way of a gift - section 4(7) Land Registration Act provides for:
* grants for the purposes of setting up a trust, where the person setting up the trust, 'the settlor' does not retain the whole of the beneficial interest, or
* transfers of the legal title to the beneficial owners, where the settlor did not retain the whole of the beneficial interest when the trust was set up
* pursuant to an Order of the Court.


New Leases for a term of more than seven years out of a registered title:

see section 27(2)(b)(i) Land Registration Act 2002.

Leases granted out of existing registered Property titles, that are for a term of more than seven years from the date of the grant are compulsory registrable. 

 
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)

. . . continued on page 2 (Manchester Conveyancing Solicitors Property Lawyers on Commercial Business Leases 2)

Please telephone Paul on 0161 866 8999 if you require any further information.

                       
    

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Ford Banks Irwin Solicitors
50 Stothard Road
Stretford
Manchester
M32 9HB


Tel: 0161 866 8999
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E-mail: info@FordBanksIrwinSolicitors.co.uk

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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 |