This article briefly explains the regime for lease registration, focusing particularly on aspects that are relevant to tenants of commercial premises. It explains which leases can and must be registered, other ways of recording the existence of a lease, and summarises the process for registration.
1. The following must be registered:
2. The following cannot be registered:
3. The following can be registered but registration is not compulsory:
If a lease is subject to compulsory registration it must be registered within two months of the date of the lease and it is the tenant's responsibility to deal with registration.
When a lease is registered it will be allocated its own title number at the Land Registry. In addition, the lease will automatically be noted on the landlord's title. However, in certain circumstances it is also possible to note a lease which is not registrable. This will ensure that it is recorded on the landlord's title, so any prospective buyers will be aware of it. Only leases with a term of more than three years can be noted.
Once a lease has been completed, if registration is possible or compulsory, the tenant's solicitor will make the application to the Land Registry. The following are the requirements to enable registration:
If an unregistrable lease contains easements granted to the tenant, it is possible and advisable to register the easements on the landlord's title to ensure that these are protected.
If you require advice in relation to a lease please contact Edward Connolly in our Commercial Property Law Team on 0117 314 5343.