Guidance

Noting a lease that cannot be registered

Published 13 November 2024

Applies to England and Wales

1. When a lease is incapable of being registered 

1. There are various circumstances in which leasehold estates in land cannot be registered. 
2. Leases granted for a term of 7 years or less where the unexpired term is for 7 years or less. 
3. Leases where the lease term starts more than 21 years from the date of the lease. 
4. Leases with no certain start date. 
5. Leases where the lessor and the lessee are the same. 
6. Public-Private Partnership (PPP) leases. 
7. Leases vested in a person as a mortgagee where there is a subsisting right of redemption. 
8. Relevant social housing tenancies (as defined in section 132(1) of the Land Registration Act 2002). 

2. Leases that cannot be noted 

There are also circumstances in which leasehold estates cannot be noted. 

1. Leases granted for a term of three years or less cannot be noted and are not required to be substantively registered (see section 33(b) of the Land Registration Act 2002). Note that this also applies to any discontinuous or reversionary leases that are not compulsorily registrable, where the total period is three years or less. 

2. Public-Private Partnership leases (see section 90(4) of the Land Registration Act 2002). 

3. Relevant social housing tenancies (see section 33(ba) of the Land Registration Act 2002). 

4. Leases with less than one year to run. 

3. How to apply to note a lease 

Select ,‘Updating, adding, removing or noting information about an existing title on the register’ if you want to note a lease incapable of being registered. You’ll be asked to check and confirm that this is the correct application type. 

You do not need to make a separate application to note a registered lease granted out of a registered title. Notice of such lease will automatically be entered on the landlord’s title. 

4. Application details 

Enter the title number and indicate whether the application affects the whole or part of the title. 

5. Select transactions 

There are three ways to apply to note a lease that cannot be registered. 

‘Agreed notice (AN1)’ – this is currently the only option if you also need to register easements contained in the lease. (See Registering easements in a noted lease below) 

‘Noting a lease’ 

‘Unilateral notice (UN1)’ 

6. Registering easements in a noted lease 

Registering easements in an unregistered lease is not currently a transaction available in DRS. As mentioned earlier, apply using Form AN1. 

Make sure you include the title numbers of the servient titles in your application (both e-AP1 and AN1). 

Apply for ‘registration of easements in the lease’ in panel 8 of Form AN1. We suggest you use the following wording:  

“Note the lease dated [date] and register the easement(s) contained therein … 

The above interest is set out in paragraph [6] of page [2] of the document deed dated [date] in panel 5 of [Form]”. 

See also Registering easements in a noted lease (guide). 

7. Supporting documents 

Once all the application details are complete, you’ll be asked to upload the AN1, lease or UN1.  

Upload any other documents which may be required. Remember you’ll need to lodge the lease itself if you’re registering easements contained in the lease. 

You can then download a draft e-AP1, review the application and submit. 

8. Other points to consider 

Make sure you also lodge evidence that Stamp Duty Land Tax (SDLT) or Land Transaction Tax (LTT) requirements have been met, if required. 

If the application is by a person entitled to be registered as proprietor, lodge sufficient evidence to satisfy us of their interest. 

If the application is not made by the registered proprietor or a person entitled to be registered as such proprietor, lodge either the consent of such person, or sufficient evidence to satisfy the registrar as to the validity of the claim. 

Lodge any appropriate consents by restrictioners if necessary.