Registering leases and Prescribed Lease Clauses Rules Details and examples
If your lease is for less than 7 years, you need do nothing in respect of the new rules because your lease cannot be registered. Simply delete the boxes or leave them empty. This article is irrelevant to you.
The use of prescribed lease boxes was introduced by the Land Registration (Amendment) (No 2) Rules 2005. The new rules came into force on 19 June 2006 for all leases dated after 18th June 2006. All Net Lawman documents in this category comply with the new rules. You can find the documents here.
This article shows examples of specific details which must be entered for the lease to be registered correctly. We also recommend you read the article on Prescribed Lease Boxes. Below is an example of how the first few pages of a new lease should look. The Land Registry suggests that a tabular format is the best way to present the information. In the left hand column is the information they require and a box number. To the right is the space where you should insert the information. We have included notes to help you in green. Of course, these notes must be deleted before sending the lease to be registered. If you already have a lease, you can cut and paste the set of boxes below in order to comply with the law.
These changes are intended to quicken and simplify the registration process, and result in a more accurate and complete title register.
The rules do not say which “clauses” have to be completed and which do not. Very simply, the Land Registry will not register a lease if you do not give the necessary information. But . . . .
If the information you give is wrong, you may be bound later to your wrong answers.
If you fail to give information which you could have given, to protect your interest, you may find you have lost that interest.
Net Lawman can check your lease before registration if you wish. For bespoke documents, or help amending the document so that it suits you, please see our drafting service.
LR1. Date of lease
Insert the date of the lease. Use the full date format.
For example: 9 January 2006
The date entered in this box will be used for registration. Any other date on the lease, such as on a front sheet or cover, will be ignored.
LR2. Title number(s)
LR2.1 Landlord’s title number(s)
If the landlord's title is registered, insert the title number(s) in this box. Otherwise leave the box blank.
LR2.2 Other title numbers
LR2.2:
List any title number(s), other than the landlord's title, against which entries in respect of interests referred to in boxes LR9, 10, 11 and 13 are required.
Please note: If this box (LR2.2) is left blank, but boxes LR9, 10, 11 and 13 have been completed, then under rule 72(A)(4) LRR 2003 the registrar is not obliged to make any entry in the register of title.
You can only use box LR2.2 to register interests revealed in boxes LR9, 10 and 11 for leases granted on or after 19 June 2006. Before that date you must use a separate application form. With an application for first registration, you must always use a separate form.
LR3. Parties to the lease
Landlord
Insert the full name and address (including postal code) of the landlord.
Tenant
Insert the full name and address (including postal code) of the tenant.
Other parties Insert the full name and address (including postal code) of any other parties to the lease.
For example: a management company or guarantor.
Note: Do not amend the headings of 'Landlord' or 'Tenant', even if the body of the lease uses a different title.
If any party is a company, quote the company registration number and:
For Scottish companies use prefix SC;
For limited liability partnerships use prefix OC;
For foreign companies include the territory in which it is incorporated.
If there are no 'other parties' you can delete the heading.
If details of any third party to the lease have not been completed in this box, they will not be entered in the register of title.
LR4. Property
It is important to note that in the case of a conflict between the contents of this box and the remainder of the lease, The Land Registry will complete registration of the lease based solely on the contents of this box.
Insert a full verbal description of the land being leased. A postal address may be insufficient.
For example: Ground floor and part yard at 21 Main Street, Wood Green, London, N5 3AA, as edged red on plan attached.
Or, refer to the box, schedule or paragraph number in the lease that fully describes the Property.
For example: “See page 21, para.10.1 of this lease.”
If the lease specifically excludes any mines and minerals, timber and trees, stream beds, roads or other physical features, either include details in this box or refer to the box, schedule or paragraph of the lease which contains the appropriate information.
For example (continuing the description): “. . . . . . All rights to mine minerals are excluded from the lease”
Where there is a letting of part of a registered title, a plan must be attached to the lease, and any floor levels must be specified.
For example:
“Second floor flat, 4C Pocket Road, London, N5 6RE, together with garden ground and garage number 4, shown edged red on the attached plan.”
If there is a conflict between the verbal description of the land and any plan referred to in this box, the matter will be investigated and The Land Registry will raise a “requisition” (question).
LR5. Prescribed statements etc.
LR5.1 Statements prescribed under rules 179 (dispositions in favour of a charity), 180 (dispositions by a charity) or 196 (leases under the Leasehold Reform, Housing and Urban Development Act 1993) of the Land Registration Rules 2003. A “disposition” means the grant of the lease.
If there is a statutory requirement to enter a statement in the lease, set out that statement here or refer to the box, schedule or paragraph in the lease which contains the statement.
A typical example would be where the lease is by a charity.
For example:
The land leased will, as a result of this lease, be held by The Cornshire Trust, a non-exempt charity, and the restrictions on disposition imposed by section 36 of the Charities Act 1996 will apply to the land (subject to section 36(9) of that Act).
LR5.2 This lease is made under, or by reference to, provisions of:
If none of the acts apply, delete them all. If you do not know whether or not your lease is made under one of these provisions, the chances are that it is not. If you are not sure, it may be, so you should look up the act (here is the list) on this website and read it.
Where the lease is made under the provisions of one of the Acts mentioned above, for example a 'right to buy' granted under the provisions of the Housing Act 1985, include the appropriate Act and delete those that do not apply.
For example: This lease is made under, or by reference to, the provisions of:
Housing Act 1985
LR6. Term for which the Property is leased
“Term” means the period for which the lease runs.
From and including [date]
To and including [date]
or
The term as specified in this lease at box/schedule/paragraph
or
The term is as follows:
The information provided in this box will be used in the register of title to identify the lease as required by r.6(1) Land Registration Rules 2003.
You must select one of the three options; do not leave the box blank. Remember to use dates in the full format:
For example:
From and including 9 January 2006 to and including 8 January 2106
or
The term as specified in this lease at page 21, para. 10.2
or
125 years less 1 day from 9 January 2006
If the term of the lease is not straightforward, such as a lease for life, a concurrent lease, a discontinuous lease or a reversionary lease, use example 2. If you are not sure whether your lease is any of these, it is unlikely that it is!
LR7. Premium
Complete this box with details of the total premium paid including VAT where appropriate. Do not refer to a box in the lease. You can set the information out in one of two ways
Example 1:
£100,000 plus VAT of £17,500
Example 2:
£117,500 inclusive of VAT
If the lease takes no premium, insert 'none' or leave the box blank. It is rare to take a premium on the grant of a new commercial lease for less than 25 years. It is most common in the case of long leases of residential property.
LR8. Prohibitions or restrictions on disposing of this lease
This lease does not contain a provision that prohibits or restricts dispositions.
or
This lease contains a provision that prohibits or restricts dispositions.
This box is for details about whether the lease contains any prohibitions or restrictions on disposal by the tenant. Do not set out the full details of the prohibitions. Instead use one of the two available options which appear in the box. Cross out, or delete the option which is unsuitable.
The Land Registry will make an entry in the register of title where this box shows that the lease contains a prohibition or restriction on disposal.
Where use of the boxes is compulsory, if both options in this box have been deleted, and no separate application in form AP1 has been lodged, Land Registry will not make any entry. If an AP1 is used, specify on the form the box, schedule or paragraph of the lease that contains the prohibition.
If both options have been included, the Land Registry will not make any entry.
LR9. Rights of acquisition etc.
“Reversion” means the interest left over after the lease has expired. In this case the reversion would be the freehold (or possibly a superior lease)
LR9.1 Tenant’s contractual rights to renew this lease, to acquire the reversion or another lease of the Property, or to acquire an interest in other land
LR9.2 Tenant’s covenant to (that means “promise” to) surrender this lease
LR9.3 Landlord’s contractual rights to acquire this lease
Enter details of any contractual rights to renew the lease, rights to acquire the reversion of the property, rights to acquire an interest in other land, a covenant to surrender or a right for the landlord to acquire the lease. Add to box LR2.2, any title numbers affected other than the landlord's title mentioned in box LR2.1.
Please remember that the Land Registry will only note the burden of these interests; the benefit cannot be noted.
If any of the interests referred to in this box relate to only part of a registered title, a plan may be needed to show the precise extent affected. This can be a separate plan or a reference added to the lease plan.
Provided that boxes LR9 and LR2.2 (where appropriate) are completed correctly, the interests will be noted without a separate application. If you do not complete these boxes, or make a separate application in form AP1, AN1 or UN1, the Land Registry is not obliged to make any entry.
With an application for first registration, you must always make a separate application.
LR10. Restrictive covenants given inthis lease by the Landlord in respect of land other than the Property
This box can only be used to note restrictive covenants that bind land owned by the landlord, other than the reversionary interest in the property demised by the lease. An example would be a promise by the landlord not to keep pigs on his nearby farm.
Complete the box by inserting the relevant provisions or refer to the box, schedule or paragraph number in the body of the lease.
Restrictive covenants in the lease that affect land in the landlord's title(s) revealed in box LR2.1, (other than the property demised by the lease) will be noted automatically when revealed in this box.
Where the covenants affect other registered titles then unless you complete this box and box LR2.2, or lodge a separate application in form AP1, AN1 or UN1, the Land Registry is not obliged to make any entry.
With an application for first registration, you must always make a separate application.
LR11. Easements
An “easement” is a private right (not a right for all the World) to do something in respect of land. The most common example is a right of way, such as to pass over a neighbour’s land to get to your garage; or a right to pass over land to empty bins. An easement has to be specifically granted or acquired by operation of law. If such an arrangement is informal, it is a mere license, which can be terminated at a moment’s notice, and not an easement.
For any lease where use of the boxes is compulsory, Land Registry will only consider easements that are referred to in this box.
In these cases failure to complete this box means that the requirements for the registration of easements as set out in s.27 Land Registration Act 2002 will not be met, and the easements will not be included in the registered title of the land leased.
LR11.1 Easements granted by this lease for the benefit of the subject property
Complete this box by reference to the box, schedule or paragraph number of the lease which sets out the easements. Do not repeat the full text from the body of the lease. General statements such as "All easements contained in the lease" must not be used.
LR11.2 Easements granted or reserved by this lease over the Property for the benefit of other property
Complete this box in the same way as for box LR11.1.
Where completing the boxes is not compulsory: To register an easement that affects a registered title (other than the landlord's title(s) revealed in box LR2.1.), you must lodge a separate application in form (AP1).
If an AP1 is used, you must specify on the form the box, schedule or paragraph of the lease that contains the easements.
Where use of the boxes is compulsory: Provided that you complete these boxes and box LR2.2 correctly, you do not need to lodge a separate application in form AP1.
LR12. Estate rent charge burdening the Property
The term 'Estate rent charge' here means a rent charge as defined in s1 (2) (b) of the Law of Property Act 1925. Briefly, a rent charge works rather like a ground rent as a (usually small) annual payment. Rent charges are common only in certain parts of England. If you do not know of them, forget it and leave this box blank.
Do not repeat the details of the rent charge in this box, but refer to the box, schedule or paragraph number in the body of the lease which contains details of the rent charge.
For any lease where use of the boxes is compulsory, if this box is left blank and no separate application in form AP1, AN1 or UN1 is made, Land Registry is not obliged to make any entry of the rent charge.
LR13. Application for standard form of restriction
A “restriction” may arise from any circumstances where the parties have agreed to it. You do not know of one, there will be none. The most common restriction is to prevent the lease being assigned to someone else without the lessee’s lender being told. It acts as a sort of charge, like a mortgage.
The Parties to this lease apply to enter the following standard form of restriction [against the title of the Property] or [against title number]
Use this box to apply for standard restrictions as set out in Schedule 4 of the Land Registration Rules 2003, instead of using a form RX1. This applies to any lease lodged on or after 9 January 2006 that contains the boxes. Set out the full text of each restriction and include the title number(s) or other description of the land against which it is to be entered. Where the restriction is to be registered against a title other than the property or the landlord's title shown in box LR2.1, also enter the title number in box LR2.2, otherwise the Land Registry will not enter the restriction. There is no need to refer to the title of the restriction (Form N etc.), but if you do you must still set out the full text in this box.
For example:
The parties to this lease apply to enter the following standard form of restriction against the title of the Property and against title WGL555500:No disposition of the registered estate (other than a charge) by the proprietor of the registered estate is to be registered without a written consent signed by Andrea Pochelli of 5 Pocklar Road, London N5 6RE or her conveyancer.
If the restriction affects only part of the land being registered, a suitable description by way of a plan or otherwise will be required to identify the precise extent of the affected land.
For example: The parties to this lease apply to enter the following standard form of restriction against the title of the Property. No disposition of the registered estate in the land edged blue on the plan to the lease, (other than a charge) by the proprietor of the registered estate is to be registered without a written consent signed by Andrea Pochelli of 5 Pocklar Road, London N5 6RE or her conveyancer.
You can delete this box, but do not renumber box LR14.
Additional information may be needed in the form of a certificate when applying for certain types of restriction. See Land Registry Practice Guide 19 - Notices, restrictions and the protection of third party interests in the register for more details.
Please note that although you may delete this box, you should not renumber box LR14.
LR14. Declaration of trust where there is more than one person comprising the Tenant
The difference between “joint tenants” and “tenants in common” is explained in another short article.
or
The Tenant is more than one person. They are to hold the Property on trust for themselves as tenants in common in equal shares.
or
The Tenant is more than one person. They are to hold the Property on trust
Complete as necessary
This last option is for leases where special trusts have been set up, for example in a will.
Delete the options that do not apply. If there is only one tenant delete all of the alternative statements. If the tenant is a sole proprietor who is also a trustee, use panel LR13 for the appropriate restriction.
If option two has been used, The Land Registry will enter a Form A restriction in the Proprietorship Register; if option three is completed another appropriate restriction may be entered.
If the box has not been completed, and there are two or more tenants, The Land Registry will enter a Form A restriction 'by default'. A letter informing the applicant that this has been done will be issued with the completed registration.
Please remember not to renumber this box if you have deleted box LR13.
If by chance you find some error of law or fact in any Net Lawman information page, do please tell us. We should also welcome your suggestions for new subjects for information pages. These notes:
Do not provide a complete or authoritative statement of the law;
Do not constitute legal advice by Net Lawman;
Do not create a contractual relationship;
Do not form part of any other advice, whether paid or free.
