Property Lawyers and Conveyancing Solicitors in Manchester at Ford Banks Irwin Solicitors - Commercial Property Leases
Please note: Not to be used or relied upon without legal advice. These notes are for illustrative purposes ONLY.
. . . continued from page 18
Guidance notes on Prescribed Clauses Leases
Clause LR6 - Term for which the Property is Leased
Actions:
Clause not completed with details of term or suitable cross-reference
Consequence:
Lease will be returned by Land Registry
Options for Commercial Property Lawyers and Conveyancing Solicitors:
- Amend Lease by inserting appropriate details or cross-reference and re-execute, or
- Surrender Lease and create a new compliant Lease, or
- Enter into deed of rectification
Clause LR7 - Premium
Actions:
Where premium paid, clause not completed with relevant details
Consequence:
Requisition raised by Land Registry if other evidence shows premium paid
Options for Commercial Property Lawyers and Conveyancing Solicitors:
- Amend Lease by inserting details of premium and re-execute, or
- Surrender Lease and create a new compliant Lease, or
- Enter into deed of rectification
Clause LR8 - Prohibitions or restrictions on disposing of this Lease
Actions:
Neither or both appropriate statements included
Consequence:
No entry of any prohibition or restriction on disposals will be made under rule 6 LRR 2003
Options for Commercial Property Lawyers and Conveyancing Solicitors:
- Where Lease contains provisions prohibiting or restricting disposals, apply in form AP1, referring to relevant provision in Lease to ensure entry is made in the register under r 6 LRR2003
Clause LR9 - Rights of acquisition etc
Actions:
No reference made to a relevant contractual right contained in Lease
Consequence:
No entry will be made against affected title(s) in relation to the contractual right.
Options for Commercial Property Lawyers and Conveyancing Solicitors:
- Person with benefit of right applies separately in form AP1 or UN1 (as appropriate) to ensure appropriate entry is made in the register
Clause LR10 - Restrictive Covenants given in this Lease by the Landlord in respect of Land other than the Property
Actions:
Lease contains Landlord's restrictive covenants but these are not set out or referred to in clause LR10
Consequence:
No entry will be made against relevant title(s) in relation to the Landlord's restrictive covenants.
Options for Commercial Property Lawyers and Conveyancing Solicitors:
Tenant applies separately in form AP1 or UN1 (as appropriate) against relevant title(s) to ensure appropriate entry is made in the register
Clause LR11 - Easements
Actions:
No cross-reference to provision in Lease containing appurtenant and/or subjective easements
Consequence:
No entry will be made against affected title(s) in relation to the easements, so that they do not take effect at law.
Options for Commercial Property Lawyers and Conveyancing Solicitors:
- Person with benefit of easements applies separately in form AP1 to ensure easements are substantively registered
Clause LR12 - Estate rentcharge burdening the Property
Actions:
Lease includes provision creating estate rentcharge but no reference made to this in clause LR12
Consequence:
Rentcharge will not be registered nor will any entry of the burden of the rentcharge be made against new leasehold title
Options for Commercial Property Lawyers and Conveyancing Solicitors:
- Rentcharge owner applies separately in form AP1 to register rentcharge, or
- Rentcharge owner applies in form AN1 or UN1 if only wishes to note burden against leasehold title
Clause LR13 - Application for standard form of restriction
Actions:
Lease contains application for a standard restriction but this is not referred to in clause LR13
Consequence:
No restriction will be entered in the register (Property Title Deeds)
Options for Commercial Property Lawyers and Conveyancing Solicitors:
- Apply separately in form RX1 to register restriction
Actions:
Clause LR13 used to apply for non-standard restriction
Consequence:
Clause LR13 may only be used to apply for standard form restriction - Land Registry will take no action
Options for Commercial Property Lawyers and Conveyancing Solicitors:
- Apply separately in form RX1 to register restriction
Actions:
Standard restriction referred to in clause Lr13 requires additional evidence to be lodged (e.g. as to consent or entitlement to apply)
Consequence:
Restriction cannot be entered without evidence - requisition will be raised by Land Registry
Options for Commercial Property Lawyers and Conveyancing Solicitors:
- Lodge a statement following wording in appropriate panel in form RX1 and supply requisite evidence, or
- Conveyancer's certificate
Clause LR14 - Declaration of trust where there is more than one person comprising the Tenant
Actions:
Clause omitted
Consequence:
Omission of clause permitted where only one Tenant. Where there is more than one Tenant, omission does not comply with LRR 2003 - Land Registry will enter form A restriction by default.
Options for Commercial Property Lawyers and Conveyancing Solicitors:
- If Tenants hold as beneficial joint tenants, apply for restriction to be cancelled in form RX3, accompanied by evidence of holding of beneficial interest
Actions:
Tenants hold as beneficial joint tenants but no/wrong statement included
Consequence:
Land Registry will enter form A restriction
Options for Commercial Property Lawyers and Conveyancing Solicitors:
- Apply for restriction to be cancelled in form RX3, accompanied by evidence as to holding of beneficial interest.
Actions:
Tenants hold as tenants in common but first statement made
Consequence:
No form A restriction will be entered by Land Registry
Options for Commercial Property Lawyers and Conveyancing Solicitors:
- Apply in form RX1 for entry of Form A restriction
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
Please telephone Paul on 0161 866 8999 if you require any further information.
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