Guidance

Register or note a new lease

Published 13 November 2024

Applies to England and Wales

1. Noting a lease incapable of registration 

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 will need to lodge either Form AN1 or UN1.  

If you need to register easements in a noted lease, you’ll need to apply in panel 8 of Form AN1 or upload a letter stating this with your application. We are planning to include ‘registering easements’ in the transaction list, but a letter will suffice in the interim.  

You’ll also need to lodge: a certified copy of the lease, Stamp Duty Land Tax (SDLT) or LLT certificate, if appropriate, and any necessary consents (including for restrictions if you are registering easements) 

Make sure you’ve applied against the servient titles. 

2. New lease to a different tenant 

Use ‘Registering a new lease’ if you want to register a new lease, including if you want to close an existing leasehold title (of a different tenant) because the lease has determined. You must include the title number of the existing (closing) leasehold title in the application (see ‘related title’). 

However, you should only do this if the new lease is being granted to a new tenant. If the new lease is of the same property to the same tenant, you should select ‘Registering a lease extension’. 

3. Entering title numbers 

Enter any landlord title numbers.  

‘Related’ titles include: the closing title and any titles where the application contains other matters over further related titles, for example, easements. 

This will create a new lease application on the landlord’s title and a register update application (dealing) on the closing (or related) tenant title. 

The titles in this application page will now reflect the title number type (landlord or related). 

4. Transaction selection 

A new lease application must contain one of the six transactions listed below: 

1. New lease – other 

2. New lease – right to buy or right to acquire 

3. New lease – shared ownership 

4. Discontinuous lease – non-timeshare 

5. Discontinuous lease – timeshare 

6. Overriding lease granted under s.19, Landlord and Tenant (Covenants) Act 1995 

Note: The transaction list is alphabetical – you will need to scroll to find the correct lease. 

Select the new lease as priority 1 and lease closure as priority 2. 

If the specific transactions 2 to 6 do not apply, select ‘New lease – other’ as the default option. 

5. Adding a lease closure 

You can add a lease closure application to a New Lease application. 

However, you should only do this if the new lease is being granted to a new tenant. If the new lease is to the same tenant, you should apply for a ‘Lease extension’. 

6. Link transactions and title numbers 

The lease closure transaction is automatically linked to the related (tenant) title. 

You need to confirm whether the new lease only affects the landlord title. 

7. Calculate fee 

Enter the relevant values to calculate the correct fee. 

For ‘New Lease’ applications, the fee for ‘Lease closure - surrender by deed’ is not waived where the lease is being granted to a new proprietor. 

It is only waived if the application is a ‘Lease extension’ for the registration of a new lease of substantially the same property and the registered proprietor remains the same. 

Note: If the new lease is to the same proprietor and you have selected ‘New lease’ as your application type, you will have to start a new application and select ‘Lease extension’ as application type. 

8. Complete transaction details 

Tenant and landlord details are required to populate the e-AP1. You’ll be prompted to add representation. 

9. Attach documents 

Document prompts are dynamic and will populate based on the transaction. 

You do not need to lodge a CN1 if the lease being closed is registered. Form CN1 is only required to cancel the notice of an unregistered lease from the landlord’s title. 

Remember to lodge the evidence supporting determination of the existing lease (dependent on the method by which the lease has been determined – see Practice guide 26: leases – determination 

Where the required evidence is various, the ‘Attach and certify document’ screen will have a list of options to choose from. 

10. What to lodge 

You’ll be prompted for documents based on the application.  

Leases granted on or after 19 June 2006 must be prescribed clauses leases. 

You must also provide evidence that SDLT or LLT requirements have been met. 

Where the lodging conveyancer only represents the lender, lodge the tenant’s conveyancer’s written confirmation regarding the address for service to be entered on the register and that they can confirm identity. 

If possible, lodge any necessary mortgagee’s consent where a charge is registered on the landlord’s title. If the landlord’s title is leasehold, you’ll need to lodge the consent of any superior landlord. 

Confirm details of how the property is to be held (Declaration of trust), if it is not contained in LR14 of the lease. 

Remember the lodge consents to restrictions. 

Standard form restrictions can be applied for in LR13. If you require a non-standard restriction, lodge Form RX1 as well. 

11. Transferring a new lease 

You cannot currently apply to register a transfer in the same application as a new lease.  

Lodge the new lease first. Once you have the new title number created by the new lease application, you can lodge the transfer against the new leasehold title. This will be a separate application with a separate fee. 

You will find the new title number by searching in ‘View applications’ in portal using either your HM Land Registry or your own reference. The application is listed using the new title number. 

If you lodge the transfer as soon as you have the new leasehold title number, the application will be first in line for processing once the new lease application has been completed. 

It is advisable to upload a letter with the lease application explaining that it and the subsequent pending transfer application are connected and that they should be processed as one. 

12. Sale and leaseback 

As mentioned earlier, you cannot apply to register a transfer in the same application as a new lease. You will need to make two separate applications. 

For sale and leaseback, you will need to lodge the transfer first then the lease, for example, select ‘update the existing title’ for the first application and then ‘new lease’ for the second. 

Registration of the transfer will vest the landlord’s title in the name of the new owner (who will be the named landlord in the new lease). This means that on registration of the new lease, the registered proprietor of the landlord’s title matches the landlord’s details in the lease. 

Again, it is advisable to upload a letter with both applications explaining that they are connected. It may not be possible for the same caseworker to process the two applications, but the explanation will help them understand that they are connected.