This guide is aimed at conveyancers and you should interpret references to you accordingly. HM Land Registry staff will also use the guide and it contains some information specifically for their use.
Published 13 October 2003 Last updated 25 September 2023 +show all updates
Section 7 has been amended following a review of our practice. We will now accept certificates given by Right to Manage companies in most circumstances.
Section 10.7 has been amended to clarify that where a new lease is being granted under the Leasehold Reform, Housing and Urban Development Act 1993 a charge of the surrendered lease will transfer automatically so no deed of substituted security is required.
Section 8.5 has been added linking to other government guidance available to leaseholders, landlords, agents and enforcement authorities.
Section 8 has been added which deals with the relevant legislation in the Leasehold Reform (Ground Rent) Act 2022 which comes into force on 30 June 2022.
Section 7.1 has been amended. Where the right to manage has been acquired by a right to manage company and there is a restriction in the register in respect of the landlords management functions we require a conveyancers certificate in addition to the consent or certificate required by the restriction. That certificate can be in the short form shown in this section. A longer form certificate is still required where there is no entry in the register recording that the right to manage has been acquired.
Section 7 has been amended to emphasise the need for a certificate to be provided by a conveyancer. A new certification point has been added to section 7.1.
Section 3.3 has been updated to mention that an application for first registration can be made on the basis of certified copy deeds and documents only. Section 9.1 has been updated to reflect the introduction of Land Transaction Tax for transactions affecting land in Wales completed on or after 1 April 2018.
A reference to a leasehold valuation tribunal in section 6.2.3 has been changed to the appropriate tribunal as there are now different tribunals in England and Wales.
Link to the advice we offer added.
Section 6.4 has been amended to clarify that a court order for variation under sections 38 and 39 of the Landlord and Tenant Act 1987 cannot be protected by unilateral notice.
Section 5.4.1 has been amended due to the Housing (Wales) Act 2014 coming into force on 1 December 2014. This has amended section 99(5) of the Leasehold Reform, Housing and Urban Development Act 1993 removing the requirement for notices under the Act to be signed personally by the tenants or, as the case may be, by the tenant by whom it is given.
