This guide gives you information about the different situations in which leases are determined and how the determination affects registered titles. It gives advice on how to lodge your application with HM Land Registry and sets out the documentation required in support of your application.
The guide is aimed at conveyancers and you should interpret references to you accordingly.
You can join our free webinars for advice on a range of land registration topics and how to prepare quality applications.
Updates to this page
Published 13 October 2003 Last updated 15 July 2024 +show all updates
Section 5 has been amended to reflect that we no longer require confirmation that no deed of surrender has been entered into.
Section 10 has been amended to clarify our requirements for determination by effluxion of time and determination by notice under section 25 or 27 of the Landlord and Tenant Act 1954.
Section 8 has been amended to include another existing reason a lease may be forfeited.
Section 7.1 has been amended to give guidance where a lease is in respect of electronic communications apparatus.
Note 3 to section 8 has been amended. The protection from forfeiture for non-payment of rent and recovery of rent for business tenancies in Wales has been extended to 25 March 2022 by the Business Tenancies (Extension of Protection from Forfeiture etc) (Wales) (Coronavirus) (No. 3) Regulations 2021, which came into force on 30 September 2021.
Note 3 to section 8 has been amended. The protections from forfeiture for non-payment of rent and recovery of rent for business tenancies have been extended to 25 March 2022 in England by the Business Tenancies (Protection from Forfeiture: Relevant Period) (Coronavirus) (England) (No. 2) Regulations 2021 and to 30 September 2021 in Wales by the Business Tenancies (Extension of Protection from Forfeiture etc) (Wales) (Coronavirus) (No. 2) Regulations 2021, both of which came into force on 30 June 2021.
Note 3 to section 8 has been amended. The protections from forfeiture for non-payment of rent and recovery of rent for business tenancies have been extended to 30 June 2021 by the Business Tenancies (Protection from Forfeiture: Relevant Period) (Coronavirus) (England) Regulations 2021 and the Business Tenancies (Extension of Protection from Forfeiture etc) (Wales) (Coronavirus) Regulations 2021, both of which come into force on 31 March 2021.
Section 8.1 has been updated to reflect the fact that where forfeiture is based upon peaceable re-entry and the tenant is a company in administration, the consent of the administrator or the court is required.
Note 3 to section 8 has been amended. The protections from forfeiture for non-payment of rent and recovery of rent for business tenancies have been extended to 31 March 2021 by the Business Tenancies (Protection from Forfeiture: Relevant Period) (Coronavirus) (England) (No 3) Regulations 2020 and the Business Tenancies (Extension of Protection from Forfeiture etc) (Wales) (Coronavirus) (No 3) Regulations 2020, both of which come into force on 31 December 2020.
Note 3 to section 8 has been amended. The provisions protecting business tenants from enforcement of rights of re-entry or forfeiture have been extended in both England and Wales until 31 December 2020.
Note 3 to section 8 has been amended following the extension of the provision in Section 82 of the Coronavirus Act 2020 which extends the provisions protecting business tenants from enforcement of rights of re-entry or forfeiture until 30 September 2020.
Section 7.1 has been amended to confirm that a copy of the notice must be enclosed when the lease is determined by notice.
Note 3 has been added to section 8 as a result of the Coronavirus Act 2020.
Section 3 has been amended to confirm that an application for merger should be expressly applied for on the accompanying application form. If there is no express application but a deed suggests an intention to merge, we will only proceed with merger if all the conditions for merger are satisfied.
Note 3 has been added to section 2.1.1.1 as a reminder that when the determining lease is a concurrent lease, the title number(s) of all concurrent leases need to be included in the AP1.
Section 8.1 has been amended to clarify what must be sent to us when a lease has been determined by forfeiture based on a court order.
