Form AP1 Application to Register Grant of Underlease

The PROP.CO.07 - Form AP1 Application to Register Grant of Underlease is the form prescribed by the Land Registry for an undertenant to apply to register the grant of a new underlease.

The up to date version of it can be found on the government website by clicking on this link to the relevant page: https://www.gov.uk/government/publications/change-the-register-ap1.

The document can be downloaded as a word document or a PDF. Once you have opened the document in your preferred format, you should save a copy to a location of your choice. 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.

Generally, a lease (including a sublease) granted for a term exceeding 7 years must be registered at the Land Registry. Additionally there may have a requirement for compulsory registration within a stipulated time frame.  If the sublease is not registered, it will not take effect as a “legal” interest but only as an “equitable” one, which provides less security for the tenant and complicates future transactions involving the sublease.

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)). 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 lease.

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 .

Instructions for completing each panel are provided below:

Panel 1 :  Enter the name of local authority where the property is located and the property’s full postcode. This information will appear on the official copies of the landlord’s registered leasehold title.

Panel 2: Enter the title number of the landlord’s leasehold property. This will also appear on the official copies of the landlord’s registered title.

Panel 3: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, you will need to describe the land affected by giving a description, such as “edged red on the plan to the lease.”

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. If no money is exchanged, provide the property’s value. In the “Fees paid” column, enter the appropriate fee which can be calculated here: https://www.gov.uk/government/collections/fees-hm-land-registry-guides .

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). If the property is in England, include  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 be necessary to enclose evidence of identity for the landlord and tenant. See the commentary on panels 12-14 below.

Panel 6: Enter the tenant’s name and company number (if applicable).

Panel 7: Provide the name and address and other details of the person submitting the application on behalf of the tenant.

Panel 8: This can be left blank.

Panel 9: Check the last box and provide the tenant’s address for service.

Panel 10: This can be left blank unless you are registering a new mortgage.

Panel 11: Leave this blank unless the property is affected by “disclosable overriding interests”. This is a complex area and you should seek legal advice.

Panel 12: This panel deals with identity confirmation, which the Land Registry requires to prevent fraudulent transactions. Check the second box if the application is not made by a conveyancer or solicitor. You must provide evidence for any party who is not legally represented. Private individuals must complete a form “ID1”, and for corporate bodies a form “ID2”.  These forms must be signed and dated no more than three months before the application is lodged.  Please see: Completing forms ID1 and ID2 - GOV.UK (www.gov.uk)

Panel 13: Leave this blank unless you are a conveyancer/solicitor.

Panel 14: In Section (1), provide details of the landlord, tenant and their conveyancers(if any). 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.

Panel 15: Sign on the “signature of applicant” line.

Form AP1 Application to Register Grant of Underlease is part of Property Documents. Just £35.00 + VAT provides unlimited downloads from Property Documents for 1 year.