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

Tenant's lease being registered as a first registration

• If the landlord's title is unregistered, the option should be protected as a Class C(iv) land charge.
• If the landlord's title is registered, and the lease is a Shared Ownership lease, the burden of the option will be noted on the landlord's title without a separate application.
• If the landlord's title is registered, but the lease is not a Shared Ownership lease, the burden of the option will only be noted on the landlord's title if a separate application in form AN1 or UN1 is lodged, or details of the application are added to the form FR1 lodged with the lease.

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

In the case of a Shared Ownership lease no separate application is required. For all other leases:

• If the lease is granted before 19 June 2006, the burden of the option will only be noted on the landlord's title when a separate application in form AN1 or UN1 is lodged.
• If the lease is granted on or after 19 June 2006, no separate application is required where the option affects the reversionary title. Otherwise, a separate application must be made in form AP1.

Tenant's lease out of registered land but the lease is incapable of registration

If the tenant's lease is incapable of registration, an application to note the burden of an option in the landlord's title should be made in form AN1 or UN1.

The next page looks at options in favour of the landlord.