Consent by a restrictioner

Where a landlord's registered title contains a restriction in the Proprietorship Register, the terms of the restriction must be complied with before any lease out of that title can be registered. The most common types of restriction are those that:

• require the consent of a third party, including a chargee
• limit a disposition by a sole proprietor
• require the service of a notice
• specify that a certificate is produced confirming that certain statutory provisions have been complied with.

Where a restriction is registered against the landlord's title, registration of a sub-lease cannot proceed without a consent. It is not possible to merely grant good leasehold title if the consent is not lodged. The application will be cancelled.

The next page looks at what evidence is required to satisfy the various restrictions