Land Registration Act 1997

Housing Act 1985 (c. 68)

4 (1) In section 154 (registration of title), for subsection (1) substitute—

“(1) Where on the grant of a lease in pursuance of this Part the landlord’s title to the dwelling-house is not registered, section 123A of the Land Registration Act 1925 (compulsory registration: effect of requirement to register) shall apply in relation to the grant of the lease whether or not it is granted for a term of more than 21 years.”

(2) Where—

(a) after the coming into force of sub-paragraph (1) there is a conveyance falling within section 154(1)(b) as originally enacted (conveyance of freehold in pursuance of right mentioned in paragraph 2(1) or 8(1) of Schedule 8 to the Act in respect of shared ownership lease), and

(b) the landlord’s title is not registered,

section 123A of the Land Registration Act 1925 (compulsory registration: effect of requirement to register) shall apply in relation to the conveyance (whether or not it would so apply apart from this sub-paragraph).

5 (1) Paragraph 2 of Schedule 9A (land registration etc. where right to buy preserved) shall be amended as follows.

(2) For sub-paragraph (1) substitute—

“(1) Where on a qualifying disposal which takes the form of the grant or assignment of a lease the disponor’s title to the dwelling-house is not registered, section 123A of the Land Registration Act 1925 (compulsory registration: effect of requirement to register) shall apply in relation to the disposal whether or not—

(a) (in the case of the grant of a lease) the lease is granted for a term of more than 21 years; or

(b) (in the case of an assignment) the lease is a lease for a term of which more than 21 years are unexpired.”

(3) In sub-paragraph (2), for “In such a case” substitute “Where on a qualifying disposal the disponor’s title to the dwelling-house is not registered,”.