Thursday, 30 January 2014

Checklist for Registering a Lease Extension

  • Has the lease been drafted using prescribed clauses when required (See Land Registry Practice Guide 64)?
  • Have you obtained up-to-date official copies of the title the lease is out of to confirm what incumbrances, if any, have to be accounted for e.g, restrictions etc?
  • Is the Form FR1 completed for a first registration or AP1?
  • Have consents been logged in respect of any restrictions in the Proprietorship Register, charges in the Charges Register of the lessor’s title or alienation terms in head leases?
  • Has a form RX1 been logged if other than a standard restriction is required? (NB that the Land Registry will accept without form RX1 an application for a standard restriction which is set out in clause LR13 of a prescribed clauses lease or contained in a charge the form of which (including the restriction if approved in advance).
  • Have you provided complete and accurate details of identity for each of the relevant parties to the lease or included forms ID1/ID2?
  • Have you sent any necessary SDLT evidence or a letter explaining why it is not available?
  • If the application relates to joint proprietors have you indicated whether they are to own as tenants in common or joint tenants?
  • Have you ensured plans references referred to in the lease are shown clearly on the lease plan
  • Are all names are consistent in all documents?
  • Have you lodged a certified copy of the lease or deed of variation, if you require the original deed to be returned to you?
  • Have you lodged a discharge in respect of any charge affecting the closing leasehold title or if the mortgage is to continue have you lodged a deed of substituted security in respect of the charge ?
  • Are all the incumbrances on the closing leasehold title suitably discharged, withdrawn or cancelled? If appropriate, have you lodged appropriate documentary evidence for example, discharges or consents etc with your application?

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