The Land Registration (Amendment) (No.2) Rules 2005 added a new rule, r58A, to the Land Registration Rules 2003. Rule 58A sets out the requirement that apart from a small number of exceptions, a lease falling within s27(2)(b) Land Registration Act 2002, granted on or after 19 June 2006 that is required to be registered, must be in the form of a prescribed clauses lease.
Leases falling within s27(2)(b) are those that are a disposition of a registered estate in land granted for a term of years absolute - - for a term of more than seven years from the date of the grant
- to take effect in possession after the end of the period of three months beginning with the date of the grant
- under which the right of possession is discontinuous
- in pursuance of Part 5 Housing Act 1985 (the right to buy)
- in circumstances where s171A Housing Act 1985 applies (disposal by landlord which leads to a person no longer being a secure tenant).
Details of the exceptions to the above rule can be found in the chapter 'Exceptions'.
Compulsory use As a result of r58A, leases falling in s27(2)(b) LRA 2002 granted on or after 19 June 2006 that are required to be registered and are not covered by one of the exceptions, must be in the form of a prescribed clauses lease.
Applications to note interests contained in leases
Where use of the clauses is compulsory, clauses LR9,10,11,12 and 13 can be used to register interests in the lease instead of using forms AN1, AP1, RX1 or UN1 (as appropriate). More details are available in the chapter 'Using the clauses'.
This is the end of the chapter on statutory requirements. |
