Not all leases granted on or after the 19 June 2006 need to be in the form of a prescribed clauses lease. Under the provisions of r.58A(4)(c) of the LRR 2003 a lease does not have to contain the prescribed clauses when it is granted in a form expressly required by: - an agreement entered into before 19 June 2006
- an order of the court
- an enactment
- a necessary consent or licence for the grant of a lease given before 19 June 2006.
Under r.58A(4)(d) LRR 2003 a lease created by a deed of variation that takes effect as a surrender and re-grant may not need to include the prescribed clauses. See Practice Guide 064 and addendum for more details.
Claiming an exception Where one of the exceptions in rule 58A is claimed, a certificate by a conveyancer confirming the position must accompany the application.
Other exceptions Other leases that do not need to contain the clauses are leases of franchises, manors or profits, leases incapable of registration or leases granted before 19 June 2006.
Additionally, leases granted out of unregistered estates do not have to contain the clauses, but they can be used on a voluntary basis. For more information see the chapter 'First registrations'.
This is the end of the chapter on exceptions. |
