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

PART 2 amendments relating to certain leases

Amendment to rule 6(2)

4.  At the beginning of rule 6(2) there shall be inserted “Subject to rule 72A(3),”.

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.”.

New rule 72A

6.  After rule 72, the following rule shall be inserted—

“Register entries arising in respect of leases within section 27(2)(b) of the Act granted on or after 19 June 2006

72A.— (1) This rule applies to leases within section 27(2)(b) of the Act granted on or after 19 June 2006.

(2) Subject to paragraphs (3), (4) and (6), on completion of the lease by registration the registrar must (where appropriate) make entries in the relevant individual register in respect of interests contained in that lease which are of the nature referred to in clauses LR9, LR10, LR11 or LR12.

(3) Subject to rule 58A(3), where the lease is a prescribed clauses lease and contains a prohibition or restriction on disposal of the nature referred to in clause LR8 or contains interests of the nature referred to in clauses LR9, LR10, LR11 or LR12, but the prohibition or restriction or interests are not specified or referred to in those clauses or the lease does not contain the required wording in relation to them, then the registrar need take no action in respect of them unless separate application is made.

(4) The registrar need make no entries in individual registers in respect of interests of the nature referred to in clauses LR9, LR10 or LR11 or a restriction set out in clause LR13 where—

(a) in the case of a prescribed clauses lease, the title numbers of the individual registers have not been given in clause LR2.2, or

(b) in any other case, the title numbers of the individual registers required by clause LR2.2 have not been given in panel 2 of the Form AP1 lodged for the purpose of completing the lease by registration,

unless separate application is made in respect of the interests or restriction.

(5) Where a separate application required by paragraphs (3) or (4) is made in Form AP1 and is in respect of either a prohibition or restriction on disposal of the lease or the grant or reservation of an easement, the Form AP1 must specify the particular clause, schedule or paragraph of a schedule where the prohibition or restriction or easement is contained in the lease.

(6) The requirement under paragraph (2) to make an entry in respect of an interest of the nature referred to in clause LR12 is satisfied by entry (where appropriate) of notice of the interest created.

(7) In this rule—

(a) a reference to a clause with the prefix “LR” followed by a number is to the clause so prefixed and numbered in Schedule 1A, and

(b) “prescribed clauses lease” and “required wording” have the same meanings as in rule 58A(4).”.

Amendments to rule 92

7.—(1) There shall be deleted at the end of rule 92(7)(b) the word “or” and there shall be inserted at the end of rule 92(7)(c) a comma followed by the word “or” in place of the full stop and immediately after that sub-paragraph the following sub-paragraph—

“(d) a person applies for the entry of a standard form of restriction in clause LR13 (as set out in Schedule 1A) of a relevant lease.”.

(2) There shall be substituted for paragraph (10), the following paragraph—

“(10) In this rule—

“approved charge” means a charge the form of which (including the application for the restriction) has first been approved by the registrar, and

“relevant lease” means—

(a)

a prescribed clauses lease as defined in rule 58A(4), or

(b)

any other lease which complies with the requirements as to form and content set out in rule 58A(1) and which either is required to be completed by registration under section 27(2)(b) of the Act or is the subject of an application for first registration of the title to it.”.

New Schedule 1A to the principal rules

8.  There shall be inserted after Schedule 1 to the principal rules, the schedule set out in Schedule 1 to these rules.