Registering a Lease at the Land Registry
The forms in this subfolder are intended for tenants to use when registering the grant of a new lease with the Land Registry.
In general, any lease or underlease with a term exceeding 7 years must be registered with the Land Registry. Once registered, the lease is given its own title number, much like a freehold property. Failure to register the lease will result in it being recognised only as an "equitable" interest, rather than a "legal" one. The lack of legal recognition offers less security for the tenant and complicates future transactions involving the lease.
Leases with shorter terms are not required to be registered independently. However, if the lease grants easements - such as rights of way over neighbouring land - these must be registered to ensure they are fully enforceable.
Registering a Lease at the Land Registry is part of Property. Just £38.50 + VAT provides unlimited downloads from Property for 1 year.
Frequently Asked Questions
Do I have to register my new commercial lease? +
If it was granted for more than seven years, yes. A lease or underlease with a term of more than seven years must be registered at HM Land Registry, where it is given its own title number much like a freehold. Leases of seven years or less are generally not separately registrable. Registration is normally the tenant's responsibility, within the priority period of any official search, and a fee is payable. Simply-Docs provides the application forms for tenants.
What happens if I do not register a lease that should be registered? +
The grant does not take effect as a legal estate. Where a lease of more than seven years is not registered, it operates only as an equitable interest rather than a legal one. That gives the tenant weaker protection, can affect priority against later dealings and complicates any future assignment, underletting or sale. If you have taken a registrable lease, register it promptly and within the priority period of your search.
My lease is only for six years but grants a right of way, do I register anything? +
Possibly the easement. A six year lease is not registrable in its own right, but an express easement granted by the lease, such as a right of way, parking or shared access over the landlord's other registered land, is a registrable disposition and should be completed by registration to take effect at law. So even on a short lease you may need a Land Registry application for the rights granted, even though the lease itself is not registered.
How does a tenant register a new commercial lease? +
By applying to HM Land Registry after completion. Where the landlord's title is registered, the tenant applies to register the new lease against that title and to give the lease its own title, usually on form AP1 with the executed lease and the fee. Where the landlord's title is unregistered, a first registration application is used instead. Apply within the priority period of your pre-completion search to protect priority. Simply-Docs supplies the tenant forms for registration.
