Lease extensions (surrender and regrants)

We recognise this can be a complex area of land registration, so we’ve created the checklist to help – you’ll find it attached to Practice guide 28 as a supplement. The checklist pulls together the key elements to consider into a single at-a-glance reference with helpful links to further information across our practice guides. 

It focuses on the four key areas that give rise to the most requisitions: 

• the application form AP1;
• prescribed clauses;
• documents lodged or missing; and
• incumbrances on the landlord’s title.

Applications are often lodged incorrectly as an update to an existing register. As they are surrender and regrants, in each case we create a new register, which means applications must be submitted as a dispositionary first lease by choosing ‘Lease Extension’ in the portal. (If you are using third-party connected software (Business Gateway) and are unsure how to do this please contact your software supplier.) 

As well as this, common issues that lead us to raise requisitions include, but are not limited to: 

• a title referred to in a deed has not been entered in panel 2 of the form AP1;
• incumbrances such as restrictions on the landlord’s title have not been dealt with;
• the term has been extended, but no deed of substituted security has been lodged or a deed of substituted security is lodged that has not been approved by our Commercial Arrangements Section; and
• an address for service of the proprietor of the land or charge is required.

We anticipate that, in most cases, our simple checklist will help eliminate many such errors and omissions, speeding up the registration process to provide a more efficient, consistent and accurate service for all of our customers.

And, in case you’re wondering, here are a few enquiries that did fit the bill.

• How do I remove a historic charge by a missing chargee? 
• A caution dating back to first registration in 1920 remains on the register, but I don’t know what it relates to. There’s no copy filed, so how can I find out? 
• I’m acting on a purchase where both registered proprietors are deceased. There are two restrictions in the register, one relating to the Settled Land Act 1925 and the other by a restrictioner who has died, but the wording of the restriction does not end on death and does not allow for personal representatives to deal with it. Help! 
• Does the vesting of ecclesiastical property under Pastoral Schemes attract a fee? It seems somewhat esoteric.
• What box in panel 8 of a TR1 should I tick to record a distribution in specie at market value? PG 35 covers the topic, but only in cases of corporate insolvency.  

We’ll be looking at some of these in more detail – including the resolution – later in the year.