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 8
The Prescribed Clauses
LR5:
LR5.2:
General Points regarding completion of clause LR5.2
If a Lease is made under, or by reference to, the provisions of any of the following Acts it affects the way in which Land Registry must deal with the application:-
- Leasehold Reform Act 1967
- Housing Act 1985
- Housing Act 1988
- Housing Act 1996
If a Lease is not made under, or by reference to the provisions of one of those Acts, Commercial Property Lawyers and Conveyancing Solicitors may omit or delete all of them.
Where a Lease is made pursuant to one of those Acts, Commercial Property Lawyers and Conveyancing Solicitors should leave the reference to that Act in and omit or delete those that do not apply. The Commercial Property Lawyers and Conveyancing Solicitors need only refer to the Act by name. They do not need to refer to the individual section(s) or schedule(s) that apply to the Lease. Land Registry will examine the Lease to establish precisely which provisions of the Act affect the disposition and take the appropriate action.
A frequent example of a Lease made by, or under the terms of, one of the Acts listed in clause LR5.2 is a right to buy Lease made under the provisions of the Housing Act 1985 (HA 1985). Such a Lease will contain the following matters that require entry in the Property Title Deeds (register):-
- the statutory easements referred to in paragraph 2 of schedule 6 of the Housing Act 1985 (unless specifically excepted)
- a covenant by the Tenant to repay the discount given under the right to buy if they dispose of the Property within a certain period of time. This covenant is known as a discount charge and take effect as a legal charge on the Property.
The Housing Act 1985 obliges Land Registry to make entries in the Tenant's Property Title Deeds of both these provisions, without application from the Tenant. Commercial Property Lawyers and Conveyancing Solicitors for Public sector Landlords draw up their own precedent documents for disposals under the Housing Act 1985, which means that there is no standard layout for such Leases. Currently, such a Lease may refer to any or all of the following parts of the Housing Act 1985 in any part of the Lease, making accurate identification difficult for Land Registry:
- Section 156
- Part V
- Sections 118-188 or
- Schedule 6
Requesting a reference to the legislation as part of the prescribed clauses will make identification of the application more straightforward for Land Registry staff and ensure that the correct entries appear in the Property Title Deeds (register).
LR6
LR6 Term for which the Property is Leased
Include only the appropriate statement (duly completed) from the three options.
Note: The information Commercial Property Lawyers and Conveyancing Solicitors provide, or refer to, here will be used as part of the particulars to identify the Lease under rule 6 of the Land Registration Rule 2003.
From and including
To and including
OR
The term as specified in this Lease at clause / schedule / paragraph
OR
The term is as follows
Clause LR6 requests the details of the term for which the Land / Property referred to in clause LR4 is demised. Commercial Property Lawyers and Conveyancing Solicitors should complete the appropriate statement from the three shown.
Land Registry appreciate that the terms of some Leases do not take a 'from . . . to . . . ' format. The second and third options of clause LR6 in particular are intended to allow sufficient flexibility to deal with any types of term that may arise.
Commercial Property Lawyer and Conveyancing Solicitors should describe the term of the Lease by either:
- giving details of the start and end dates of the term (for straightforward terms)
- referring to the clause, schedule or paragraph of a schedule in the Lease containing details of the term, or
- setting out details of the term in full in this clause
(All italics in this page are Crown Copyright and reproduced here for your information with permission from HM Land Registry)
. . . continued on page 10 (Commercial Property Lawyers and Conveyancing Solicitors in Manchester - Commercial Property Leases page 10)
Please telephone Paul on 0161 866 8999 if you require any further information.
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