There are a number of factors to consider when deciding whether to register a lease: - the length of the term
- the date of the grant - before or from 13 October 2003
- whether the right to take possession is immediate or some time in the future (reversionary lease)
- whether the landlord's title is registered or unregistered at the time of the grant
- whether there has been a disposition that triggers first registration.
Calculation of the length of the term may not always be straightforward. - The term may be discontinuous (eg. for only one week each year).
- When calculating the length of the term, any period before the date of the lease must be disregarded (see Cadogan (Earl) v Guinness (1936), Ch.515).
- If a tenant holds an unregistered lease in possession but is granted another lease of the same land to take effect in possession on or within one month of the expiry of the first lease, the two terms can be treated as one continuous term (s3(7) LRA 2002). Where the continuous term amounts to more than seven years, the leases can be registered under a voluntary application.
Once these factors have been considered, the lease will fall into one of the following categories: - leases subject to compulsory registration
- leases that can be registered on a voluntary basis
- leases that cannot be registered.
These three categories are examined in detail in the next pages. |
