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Mind the Gap - Service of Notices after Purchase or Assignment

on Friday, 23 February 2018.

When a person acquires a freehold, or a leasehold of more than 7 years, he must register his title to the property at the Land Registry.

There is a period of time after completion but before the title is updated, where the seller is still shown as the owner at the Land Registry. This is known as the 'registration gap'.

This 'registration gap' can cause problems for landlords and tenants who need to serve notices under a lease. Landlords and tenants should bear this in mind if they need to serve notices following a purchase.

New Landlords

In Stodday Land Ltd v Pye, a landlord sold his freehold interest to a purchaser. Before the transfer was registered at the Land Registry, the purchaser served a notice to quit on the tenant.

The tenant successfully argued that the notice was invalid. The purchaser was not the registered owner of the freehold when the notice was served, and subsequent acquisition of the interest could not retrospectively validate the notice. The tenancy continued.

New Tenants

In  Sackville UK Property v Robertson Taylor Insurance Brokers Limited a tenant sold his leasehold interest to a purchaser. Before the assignment was registered at the Land Registry, the purchaser served a break notice on the landlord to bring the lease to an end.

The court held that the break notice was invalid, as the purchaser was not the registered owner of the lease when the notice was served. The court found that notice should have been given by the seller as the assignment had not yet been registered. The tenancy continued.

The Lesson

Where the transfer of a freehold or leasehold interest must be registered at the Land Registry, a purchaser's powers to serve notices will be limited until the transfer is registered at the Land Registry.

If you are planning to serve a notice after purchasing an interest in a property, you will need to factor this into the timing of the purchase. If a notice has to be served before you will be registered at the Land Registry, you will need to liaise with the seller to make sure that they serve the notice properly on your behalf.


There are strict requirements for the service of notices. If you are planning to serve a notice on your landlord or tenant please contact Philip Sheppard in our Property Litigation team on 0117 925 2020.

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