Leases: when to register (PG25)
Advice for conveyancers which deals with the compulsory and voluntary registration aspects of leasehold estates in land (practice guide 25).
Applies to England and Wales
Documents
Details
This guide deals with the compulsory and voluntary registration aspects of leasehold estates in land, including those that cannot be registered.
It also deals with how to apply to register and note leases (including when we will automatically note a lease against a registered reversionary title) and with deeds of variation.
It does not deal with leases revealed as disclosable interests; see practice guide 15: overriding interests and their disclosure.
The guide is aimed at conveyancers and you should interpret references to ‘you’ accordingly.
We only provide factual information and impartial advice about our procedures. Read more about the advice we give.
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Updates to this page
Last updated 27 August 2024 + show all updates
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The guide has been amended to reflect how applications should be made using our digital systems.
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Sections 1 and 2.3 have been amended to update references to section 83 of the Charities Act 1993 to section 334 of the Charities Act 2011.
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Section 4.1 has been amended to improve clarity on leases granted for a term of seven years or less or where the unexpired term is for seven years or less.
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Section 6.2 has been amended to give guidance for future applications where a new lease out of a registered title is lodged for registration by a conveyancer who only acts for the tenant’s lender. In such cases, we will in future need written confirmation from the tenant’s conveyancer of their client’s address for service and identity.
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Following customer feedback we have amended section 6.2 to explain further our policy on dealing with applications where the landlord's title is leasehold and there is a note saying the lease restricts alienation. If the new lease is not caught (for example if the restriction on alienation exempts shared ownership leases and that is what the new lease is), a conveyancer will need to certify that the new lease falls in a permitted category and is not caught by the terms of the alienation clause in the superior lease, otherwise we will add the protective entry mentioned to the register.
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Section 6.2 has been amended to include a link to other relevant guidance.
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Following customer comment, we have amended section 6.2 to clarify which consents are required.
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Minor changes have been made to section 6 of this guide to mention that an application for first registration can be made on the basis of certified copy deeds and documents only; and to section 7.2 following the change of name of practice guide 12. Sections 6.1, 6.2 and 6.3.1 have been updated to reflect the introduction of Land Transaction Tax for transactions affecting land in Wales completed on or after 1 April 2018.
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Section 4.3 has been amended to reflect our current practice.
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Link to the advice we offer added.
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Added translation