Restrictive covenants in favour of the tenant - lease is not a prescribed clauses lease

Please remember that restrictive covenants in a lease that only affect the landlord's title to the property leased cannot be noted.

Tenant's lease being registered as a first registration

• If the landlord's title is unregistered, the covenants cannot be registered. This is because a Class D(ii) land charge cannot be registered in respect of restrictive covenants between a landlord and tenant (see the Land Charges Act 1972 s2(5)).
• If the landlord's title is registered, a separate application in form AN1 or UN1 must be made or details of the application must be added to the form FR1 lodged with the lease.

Tenant's lease being registered as a disposition of a registered estate

• In this case Land Registry will note the covenants on the landlord's title out of which the lease was granted, without a separate application. Where the covenants affect another registered title owned by the landlord they will only be noted on that title if the title number is quoted on the form AP1 lodged with the application. Otherwise, a separate application in form AN1 or UN1 must be lodged.

Tenants lease out of registered land but the lease is incapable of registration

• If the tenant's lease is incapable of registration, an application in form AN1 or UN1 must be lodged against the landlord's title.

The next page looks at when the landlord's title is being registered.