Voluntary registration

The following leases can be registered as a voluntary application:

• unregistered leases granted before 13 October 2003 that have more than seven years of the term left to run at the time of the application
• discontinuous leases granted out of an unregistered estate regardless of the length of the term, ie. the lease does not have to be for more than seven years (364 weeks). (Please note that a discontinuous lease granted on or after 13 October 2003 for a term of more than seven years is subject to compulsory registration.)

Leases that cannot be registered

The following leases cannot be registered:

• Public Private Partnership (PPP) leases, whatever the length of their term
• leases for seven years or less, other than a discontinuous lease
• leases where the term commences more than 21 years from the date of the lease and where a rent or premium is paid (void under s149(3) LPA 1925)
• leases having no certain start or end date (see Prudential Assurance Co. Ltd v London Residuary Body [1992])

• leases where the landlord and the tenant are the same person (see Rye v Rye [1962]).

The deskaid includes two flowcharts designed to help you decide when to register a lease.

This is the end of the chapter on when to register a lease.