The Land Registration (Amendment) (No 2) Rules 2005

New rule 58A

5.  After rule 58, the following rule shall be inserted—

“Form and content of prescribed clauses leases

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.”.