The Land Registration Rules 2003

[F1 Form and content of prescribed clauses leases E+W

58A.— (1) Subject to paragraph (3), a prescribed clauses lease must begin with the required wording or that wording must appear immediately after any front sheet.

(2) Subject to paragraph (3), where a person applies for completion of a lease by registration and claims that the lease is not a prescribed clauses lease because the lease falls within (c) or (d) of the definition of prescribed clauses lease in paragraph (4), he must lodge with his application a certificate by a conveyancer to that effect or other evidence to satisfy the registrar as to his claim.

(3) If it appears to the registrar that a lease is not a prescribed clauses lease, then paragraph (1) and, so far as appropriate, paragraph (2) and rule 72A(3) shall not apply to that lease.

(4) In this rule—

“front sheet” means a front cover sheet, or a contents sheet if it is at the lease’s beginning, or a front cover sheet and contents sheet where the contents sheet is immediately after the front cover sheet, and a “contents sheet” means a contents sheet or index sheet (in each case, however described) or both,

“prescribed clauses lease” means a lease which—

(a)

is within section 27(2)(b) of the Act,

(b)

is granted on or after 19 June 2006,

(c)

is not granted in a form expressly required—

(i)

by an agreement entered into before 19 June 2006,

(ii)

by an order of the court,

(iii)

by or under an enactment, or

(iv)

by a necessary consent or licence for the grant of the lease given before 19 June 2006, and

(d)

is not a lease by virtue of a variation of a lease which is a deemed surrender and re-grant, and

“required wording” means the wording in clauses LR1 to LR14 of Schedule 1A completed in accordance with the instructions in that Schedule and as appropriate for the particular lease.]

Textual Amendments

F1 Rule 58A inserted (9.1.2006) by The Land Registration (Amendment) (No 2) Rules 2005 (S.I. 2005/1982), rules 1(2), 5