Before 19 June 2006 The clauses can be used in any lease on a voluntary basis. Where the clauses are used, an additional application in form AP1, AN1 or UN1 (as appropriate) may also be required to note or register certain interests. (See 'Using the clauses' for more details).
From 19 June 2006 Apart from a small number of exceptions, leases referred to in s27(2)(b) LRA 2002, granted on or after 19 June 2006 must be in the form of a prescribed clauses lease. Failure to use the clauses may result in the application for registration being rejected.
Exceptions Leases mentioned in s27(2)(b) do not need to incorporate the clauses where the format of the lease is specified in: - 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.
Any claim for exemption must be made in writing.
Completing the clauses - The information provided in the clauses will be used to create the register of title. It is therefore important to complete them correctly.
- Clauses LR2.1 and LR2.2 must be completed with all relevant title numbers.
- Failure to complete some of the clauses (for example LR3) means that the application will be rejected.
- Failure to complete clauses LR9 and 10 where appropriate means that the relevant interest will not be registered unless a specific application in form AP1 is also made. (See 'When to use the clauses' for more details.)
- Failure to complete clause LR11 with details of any easements to be registered, or lodge a separate application in form AP1 means that the registration requirements of s27(2)(d) LRA 2002 will not be met.
Amendments and omissions - Minor clerical amendments to the clauses can, in some cases, be made under r130 LRR 2003.
- Other amendments may need a separate application (registration of a restriction etc).
- Some situations will need a deed of rectification (change to the demised extent etc).
- Application can be made at either the same time the lease is lodged for registration, during the registration process, or after registration.
- Additional fees may be payable in some cases.
Further guidance - Land Registry Practice Guide 64 - Prescribed clauses leases is available online or from any Land Registry office.
- Land Registry's helpline (tel: 08709 088062) provides further assistance if necessary.
This is the end of the summary and the end of the module. |
