Form AP1 Application to Register Grant of Underlease
PROP.CO.19
This Application on Land Registry Form AP1 to Register Grant of Underlease
should be used by a subtenant to apply to the Land Registry to register the
grant of a new sublease.
Generally speaking, a lease (including an underlease) granted for a term
exceeding 7 years needs to be registered at the Land Registry. If it is not
registered, it will not have effect as a “legal” interest but only as an
“equitable” interest. This is less secure for the undertenant and will make
future dealings with the underlease more complicated.
Land Registry Form AP1 should be completed and sent to the Land Registry,
together with a certified copy of the underlease, if the property is in
England, the stamp duty land tax certificate (if a Land Transaction Return
is required to be submitted to HM Revenue & Customs (HMRC)), or if the
property is in Wales, the Welsh Revenue Authority (WRA) certificate (if a
Land Transaction Tax return is to be submitted to the WRA) and a cheque for
the application fee, as soon as possible after the grant of the underlease.
The Land Registry has various offices. To find the appropriate office for
your application please see:
https://www.gov.uk/guidance/hm-land-registry-address-for-applications
.
In panel 1, enter the name of local authority serving the property and the
property’s full postcode – this information will appear on the official
copies of the landlord’s registered leasehold title.
In panel 2, enter the title number of the landlord’s leasehold property –
this information will appear on the official copies of the landlord’s
registered title.
In panel 3, check the first box if the application affects the whole of the
landlord’s title (i.e. it is an underlease of whole). For an underlease of
part only of the landlord’s title check the second box.
In panel 4, enter “grant of underlease” to describe the application. If a
premium is paid for the grant, enter this in the “Price paid/Value” column.
Otherwise, enter “nil”. In the “Fees paid” column, enter the appropriate
fee – this can be calculated at:
https://www.gov.uk/government/collections/fees-hm-land-registry-guides
.
In panel 5, list the documents you are enclosing. These will be a certified
copy of the underlease (the date and parties to the underlease should be
noted here) and if the property is in England, the stamp duty land tax
certificate (if a Land Transaction Return is required to be submitted to HM
Revenue & Customs (HMRC)), or if the property is in Wales, the Welsh
Revenue Authority (WRA) certificate (if a Land Transaction Tax return is to
be submitted to the WRA).
It will probably also be necessary to enclose evidence of identity for the
landlord and tenant. See the commentary on panels 12-14 below.
In panel 6, enter the tenant’s name and (if applicable) company number.
In panel 7, enter the name and address and other details of the person who
is submitting the application on behalf of the tenant.
Panel 8 can be left blank.
In panel 9, check the last box. The tenant’s address for service needs to
be inserted.
Panel 10 can be left blank.
Panel 11 can be left blank unless the property is affected by “disclosable
overriding interests”. This is a complex area and you should seek legal
advice if necessary.
Panel 12 is concerned with confirmation of identity. By requiring this
confirmation the Land Registry is seeking to reduce fraudulent property
transactions. Check the second box if the application is not made by a
conveyancer (e.g. a solicitor).
Panel 13 can be left blank unless you are a conveyancer.
In Panel 14, give details of the landlord and tenant and their conveyancers
(if any) in section (1). In section (2) check the boxes to confirm that
evidence of identification is enclosed for the tenant and, if the landlord
was not represented by a conveyancer, the landlord. Guidance can be found
by clicking the link in the margin of Form AP1.
In Panel 15, sign on the “signature of applicant” line.
This template is duplicated in the Land Registry Forms subfolder within
this Commercial Occupiers group of documents.
This document can also be found in Samples and Free and on GOV.UK
https://www.gov.uk/government/publications/change-the-register-ap1
This Form AP1 Application to Register Grant of Underlease is in open
format. Simply enter the relevant details in the blank spaces and check the
boxes where appropriate. The remainder of the form (including the notes)
should not be altered as it is in the Land Registry’s standard format.
Once you have purchased access to the appropriate document folder click on
the “Download Document” button below. You will be asked what you want to do
with the file. It is recommended that you save the document to a location
of your choice prior to viewing.