Guidance

Practice guide 80: coronavirus (COVID-19): useful information for conveyancers

Updated 16 January 2023

This guidance was withdrawn on 16 January 2023

Information within this practice guide has now been consolidated into Execution of deeds (PG8) and Electronic signatures accepted by HM Land Registry (PG82).

Applies to England and Wales

Please note that HM Land Registry’s practice guides are aimed primarily at solicitors and other conveyancers. They often deal with complex matters and use legal terms.

1. The signing of deeds and documents

1.1 Execution of deeds by local authorities

Many local authorities are currently unable to arrange for execution of deeds in accordance with their established special arrangements with HM Land Registry. A number are amending their constitution to authorise alternative methods of execution. Until further notice, we will accept execution where a local authority also certifies that it is, under its constitution, able to validly execute a deed other than in accordance with their special arrangements.

The following certificate must be lodged with the application signed by an individual conveyancer employed by the relevant local authority stating that the deed has been duly and properly executed in accordance with the council’s constitution:

“I [name of conveyancer certifying] a conveyancer employed by [name of authority] certify that the transfer [or other deed submitted for registration] dated [date of deed] is made by the authority of the Council and has been duly and properly executed in accordance with the Council’s constitution.”

1.2 Statutory declarations

These documents must be signed in wet ink.

2. Making applications to HM Land Registry

2.1 Methods of lodging applications

Business customers can submit applications online for faster processing, lower costs and an audit trail. Sign up to Business e-services.

Alternatively, applications can be lodged by post using our standard addresses, unless we have told you to send your applications or correspondence to an alternative address or your application is:

• for Land Charges or for a search of the index of proprietors’ names in form PN1

• for bankruptcy

• for Agricultural Credits

• for the Procurement and Commercial Team

• for Local Land Charges

• to sign up to our Business e-services

• to serve legal proceedings on the Chief Land Registrar

We allow most Land Charges applications to be made by email, through attaching PDF copies of application forms and any supporting evidence. You must have a variable Direct Debit account to be able to do this. A new section 6.1.3 has been added to practice guide 63: land charges: registration, official search, office copy and cancellation. The change to our practice does not extend to those applications that can already be made through the portal or Business Gateway.

With the exception of most Land Charges applications (see section 6.1.3 of practice guide 63: land charges: registration, official search, office copy and cancellation), it is not possible to email applications to HM Land Registry.

2.2 Lodging an application on behalf of another firm using the portal

Applications can be lodged through the portal on behalf of another firm. However, panel 7 of the form AP1 (’This application is sent to Land Registry by’), or the equivalent panel of the primary application form where a form AP1 is not used, must give the details of the firm lodging the application. This is because only the lodging firm has agreed to be bound by the portal Conditions of Use.

The lodging firm will:

• have the payment for our fee taken from their account

• receive any requests for information (requisitions) raised

• need to give any certificates required

2.3 Priority periods

If you are delayed in the lodgment of a register change application and there is a risk of it extending beyond the priority period afforded by a protecting search, we advise you to lodge a new search to obtain a new period of priority. However, it should be noted that such a search will not extend the original priority period. Please see section 4.3 of practice guide 12: official searches for further information. We do not advise lodging incomplete register change applications in order to preserve priority as there are currently no plans to relax our rejection policy nor our registration requirements.

2.4 ‘Interrupted working days’

The Chief Land Registrar has power to certify working days as ‘interrupted working days’ if satisfied that on those days there is likely to be an event or circumstance causing a substantial interruption in our normal operations. Interrupted working days are treated as non-working days for the purpose of calculating priority periods and notice periods. The Chief Land Registrar would only take this step in extreme circumstances and with appropriate publicity.

2.5 Protecting an interest by way of notice

If you cannot lodge an application to complete a registrable disposition by registration but your client has an interest which is capable of protection by way of notice then an application can be made to protect the priority of that interest, for example by way of unilateral notice. Please refer to practice guide 19: notices, restrictions and the protection of third party interests for further information.

2.6 Incomplete applications

If you have lodged an incomplete application and it has not been rejected, you must send us the missing document or information as soon as it is available. You do not need to wait for us to send you a request for information (requisition). If you are a business e-services customer, you can use the ‘Reply to requisition’ service in the portal to send us additional information and this service can be used at any time in the life of an application, including before we send you a request for information (requisition).

2.7 Powers of attorney certified by legal executives

We will accept copies of powers of attorney certified by legal executives until further notice.

3. After an application has been lodged

3.1 Cancellation policy

Cancellations of applications with outstanding requests for information (requisitions) resumed on 16 November 2020 and we will send warnings of cancellation, giving you 4 weeks to reply to our requisitions, on all applications where we issue a requisition before 1 February 2021. The warning of cancellation will provide information about how to request a further extension of time, if you are still unable to reply. Until you receive the warning of cancellation, you do not need to contact us to request any extension of time. Section 3 of practice guide 50: requisition and cancellation procedures contains further details about applying for an extension of time.

If we have issued a requisition on your application on or after 1 February 2021 you will only receive a warning of cancellation in the circumstances described in section 2 of practice guide 50: requisition and cancellation procedures.

3.2 How to expedite an application

Conveyancers can request an application to be expedited using Application Enquiry in the HM Land Registry portal. You must attach evidence to show why the application is urgent. We will process the application sooner if we approve the request. Use our contact form to send us a message if you do not have access to the portal.

Do not use Reply to requisition to send a request for an expedite.

If you have used Reply to requisition to send a request for an expedite since 23 March 2020, you must resubmit your request through Application Enquiry.

You can continue to use Reply to requisition to give us any other information or attach missing documentation relating to an application.

If your expedited application requires a survey to be carried out by Ordnance Survey, it will be delayed for the reasons set out below.

3.3 Applications requiring a survey

Our surveys are processed by Ordnance Survey who temporarily suspended surveying services following government guidelines for coronavirus (COVID-19). Its priority is to ensure the health and safety of both staff and customers. Ordnance Survey have resumed field survey work in England and Wales where health and safety allows. Ordnance Survey surveyors will be contacting customers directly using the contact details provided to make appointments prior to undertaking a survey.

3.4 Extensions for notices

We will generally agree to extend a notice period, or allow a further period for making an objection, for any reason related to coronavirus (COVID-19). There are some circumstances where we will not be able to do so including where:

• the relevant rule under the Land Registration Rules 2003 prescribes a period or a maximum period. While this maximum period itself cannot be extended, we may be able to delay determining the application concerned to allow for late responses. An example of where we could do this would be to allow for a late objection to an application for the entry of a restriction

• the registrar serves notice of an application to cancel a caution against first registration or to cancel a unilateral notice. On the expiry of the prescribed period, which cannot be extended beyond a maximum number of days, the registrar is obliged to cancel the caution or unilateral notice in the absence of an objection

• the period is for serving counter notice to an application for registration as proprietor by a squatter under Schedule 6 to the Land Registration Act 2002. Counter-notice is ineffective once the notice period has expired

3.5 Accessing PDF downloads (extended view time)

We have temporarily extended the time you have to access your organisation’s PDFs on the portal. The PDF download collection period has been extended from 30 to 90 days.

3.6 Requests for information (requisitions) sent by email and furloughed staff

Our standard policy is that:

• where an application was lodged using the Electronic Document Registration Service (e-DRS), requests for information (requisitions) are sent to the email address chosen by you in the e-DRS submission (with this email address taking precedence over any alternative email address disclosed in the scanned application form or other documentation)

• where the application was lodged by post, requests are sent to the email address quoted on the application form

Please ensure you provide an alternative email address in your out-of-office message (and that this message continues to be given in response to repeated emails from the same source); we will send the request to that address. Alternatively, if you are aware of pending applications where requests by email would be sent to furloughed staff in accordance with our standard policy, you can ask for requests for to be sent to an alternative address using the ‘Reply to requisition’ function on the portal.

3.7 Completion

We will consider and complete applications, subject to any outstanding requisition points or other issues that may arise, as soon as we are able to. We are unable to provide an accurate completion timeframe due to the impact of coronavirus (COVID-19) on our caseworker resource. Please check for updates on our services.

4. Some coronavirus (COVID-19)-related legislation of relevance to conveyancers

A number of temporary measures have been introduced to address difficulties arising as a result of the coronavirus (COVID-19) pandemic. Such measures are, or may be, subject to review and alteration from time to time and this guide is not intended to be comprehensive. Some measures relevant to conveyancers are set out below.

4.1 Extension of period for registering company charge with Companies House

Under the Companies etc. (Filing Requirements) (Temporary Modifications) Regulations 2020, for charges created on or after 6 June 2020, the period to deliver the particulars of a charge to Companies House automatically increased to 31 days. This 31-day period started the day after the date the charge was created. This change applies to charges created before 5 April 2021. From 5 April 2021 the normal 21-day extension period applies.

This applies to all UK companies, Limited liability partnerships, UK Societas and UK Economic Interest Groupings.

If the court has already extended the period to deliver the charge, the extension does not apply. The person delivering the charge should comply with the deadline given by the court.

4.2 Stamp Duty Land Tax and Land Transaction Tax

On 8 July 2020, the Chancellor of the Exchequer announced temporary reduced rates of Stamp Duty Land Tax (SDLT) for residential properties. On 14 July 2020, the Welsh Government announced changes to the residential rates and bands of Land Transaction Tax(LTT). Please note that this does not alter the SDLT/LTT evidence that is required to be lodged in support of an application for registration. Please refer to section 6.2 of practice guide 50: requisition and cancellation procedures for further information.

4.3 Determination of leases on forfeiture

The Coronavirus Act 2020 (CVA 2020) suspends landlords’ powers of re-entry and forfeiture for non-payment of rent. Sections 81 and 82 CVA 2020 relate to court orders for possession of residential and commercial premises due to non-payment of rent. Therefore, applications where the evidence shows that a right of re-entry or forfeiture for non-payment of rent was enforced during the relevant period will not be accepted. The relevant period may be extended by regulations.

For business tenancies, the relevant period, as extended, currently runs from 26 March 2020 until 25 March 2022 for both England and Wales.

Please refer to practice guide 26: leases: determination for further details.

4.4 Corporate Insolvency (Liquidation)

The Corporate Insolvency and Governance Act 2020 (most of which came into force on 26 June 2020) has put in place a series of measures to amend insolvency and company law so as to help businesses deal with the economic impact of coronavirus (COVID-19). The effect of paragraph 7 of Schedule 10 of the Act is that the order is to be regarded as void where:

• a creditor presented a petition for the winding up of a company (whether registered or unregistered) on or after 27 April 2020

• the court made a winding-up order on or after 27 April 2020 but before Schedule 10 came into force on 26 June 2020, and

• the order was not one the court would have made had Schedule 10 been in force at the time

As a result, any application that relies on a winding-up order which was made between 27 April 2020 and 25 June 2020 inclusive is unlikely to be accepted. However, each application will have to be considered on its merits.

Further changes to Schedule 10 came into force on 29 September 2021 so that:

• the restrictions on winding-up for commercial rent arrears (only) built up during the pandemic continue from 1 October 2021 until 31 March 2022 (to enable implementation of a rent arbitration scheme) (a creditor cannot petition for winding-up unless they can prove that non-payment is not related to the pandemic)

• the restrictions on winding-up for liabilities other than commercial rent ceased on 30 September 2021, but thereafter until 31 March 2022:

  • the debt threshold for a winding-up petition is raised to £10,000

  • creditors have to give debtor businesses 21 days to make payment proposals before commencing winding-up action

5. Things to remember

We only provide factual information and impartial advice about our procedures. Read more about the advice we give.