Land Registry Form AP1 for Grant of Sublease

Form AP1 Application to Register Grant of Underlease

PROP.CO.07

This Application to Register Grant of Underlease on Land Registry Form AP1 is for use by an undertenant to apply to the Land Registry to register the grant of a new underlease.

As a general rule, a lease (including a sublease) granted for a term of more than 7 years must be registered at the Land Registry. If it is not registered, it will not take effect as a “legal” interest but only as an “equitable” interest. This is less secure for the subtenant and will make future dealings with the sublease more complicated for all concerned.

Land Registry Form AP1 should be completed and sent to the Land Registry, together with a certified copy of the underlease, the stamp duty land tax certificate (if SDLT is payable) 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/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-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 the stamp duty land tax certificate (if SDLT is payable). 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 Underlease Documents subfolder within this Commercial Occupiers group of documents.

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.

Top