58. A transfer of a registered estate must be in Form TP1, TP2, F1... TR1, TR2, TR5, AS1 or AS3, as appropriate [F2unless it is effected by an electronic document to which section 91 of the Act applies.]
Textual Amendments
F1Word in rule 58 omitted (10.11.2008) by virtue of The Land Registration (Amendment) Rules 2008 (S.I. 2008/1919), rule 2(1), Sch. 1 para. 15 (with rule 5)
F2Words in rule 58 added (6.4.2018) by The Land Registration (Amendment) Rules 2018 (S.I. 2018/70), rule 1, Sch. 1 para. 12
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—
is within section 27(2)(b) of the Act,
is granted on or after 19 June 2006,
is not granted in a form expressly required—
by an agreement entered into before 19 June 2006,
by an order of the court,
by or under an enactment, or
by a necessary consent or licence for the grant of the lease given before 19 June 2006, and
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.]
[F4(5) If a prescribed clauses lease is an electronic document to which section 91 of the Act applies, the required wording will be such of the wording in clauses LR1 to LR14 of Schedule 1A, and in such order, as is required by the notice given under rule 54C.
(6) Where the required wording is provided under paragraph (5) it must be to like effect to that which would have been provided had the wording been given in paper form.]
Textual Amendments
F3Rule 58A inserted (9.1.2006) by The Land Registration (Amendment) (No 2) Rules 2005 (S.I. 2005/1982), rules 1(2), 5
F4Rule 58A(5)(6) added (6.4.2018) by The Land Registration (Amendment) Rules 2018 (S.I. 2018/70), rule 1, Sch. 1 para. 13
59.—(1) Where any registered estate is transferred wholly or partly in consideration of a transfer of another estate, the transaction must be effected by a transfer in one of the forms prescribed by rule 58.
(2) A receipt for the equality money (if any) must be given in the receipt panel and the following provision must be included in the additional provisions panel—
“This transfer is in consideration of a transfer (or conveyance, or as appropriate,) of (brief description of property exchanged) dated today [if applicable, and of the sum stated above paid for equality of exchange].”.
60.—(1) A transfer of a registered leasehold estate in land which contains a legal apportionment of or exoneration from the rent reserved by the lease must include the following statement in the additional provisions panel, with any necessary alterations and additions—
“Liability for the payment of [if applicable the previously apportioned rent of (amount) being part of] the rent reserved by the registered lease is apportioned between the Transferor and the Transferee as follows—
(amount) shall be payable out of the Property and the balance shall be payable out of the land remaining in title number (title number of retained land) or
the whole of that rent shall be payable out of the Property and none of it shall be payable out of the land remaining in title number (title number of retained land) or
the whole of that rent shall be payable out of the land remaining in title number (title number of retained land) and none of it shall be payable out of the Property”.
(2) Where in a transfer of part of a registered leasehold estate which is held under an old tenancy that part is, without the consent of the lessor, expressed to be exonerated from the entire rent, and the covenants in paragraph 20(4) of Schedule 12 to the Act are included, that paragraph shall apply as if—
(a)the reference in paragraph 20(4)(a) to the rent apportioned to the part retained were to the entire rent, and
(b)the covenants in paragraphs 20(4)(b) and (c) extended to a covenant to pay the entire rent.
(3) Where in a transfer of part of a registered leasehold estate which is held under an old tenancy that part is, without the consent of the lessor, expressed to be subject to or charged with the entire rent, and the covenants in paragraph 20(3) of Schedule 12 to the Act are included, that paragraph shall apply as if—
(a)the reference in paragraph 20(3)(a) to the rent apportioned to the part transferred were to the entire rent, and
(b)the covenants in paragraphs 20(3)(b) and (c) extended to a covenant to pay the entire rent.