land registry assignment

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Licence To Assign Land Registry

Blackstone Solicitors recognises that property ownership and management involve various legal considerations. When dealing with leasehold interests, understanding the role of a licence to assign and its interaction with the Land Registry in England and Wales is crucial. In this article, Licence To Assign Land Registry, we take a look at the process and mechanism involved.

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For a free initial discussion with a member of our New Enquiries Team, get in touch with us today. We are experienced in dealing with all the legal aspects of commercial leases, and once instructed, we will review your situation and discuss the options open to you in a clear and approachable manner. Early expert legal assistance can help ensure you are on the best possible footing from the start and also avoid the stress of dealing with these issues on your own. Simply call us on  0345 901 0445 or click here to make a free enquiry   and a member of the team will get back to you.

What is a Licence to Assign?

A licence to assign is a formal permission granted by a landlord to a tenant in a lease agreement. It allows the tenant (assignor) to transfer their rights and obligations under the lease to a new tenant (assignee). Most commercial leases in England and Wales typically include a clause prohibiting lease assignment without the landlord’s consent. A licence to assign serves as a written document acknowledging the landlord’s approval for the specific proposed assignment.

Why is a Licence to Assign Important for Land Registry Considerations?

While a licence to assign is a contractual agreement between the landlord and tenant, it doesn’t directly affect the Land Registry record. The Land Registry reflects the ownership structure of the property, with the landlord remaining the registered owner of the freehold title. However, the process of assigning a registered lease and updating the Land Registry record often hinges on the existence of a valid licence to assign.

Land Registry Considerations for Lease Assignments

The Land Registry plays a crucial role in formally transferring the leasehold interest to the new tenant. Here’s how the Land Registry factors into the process:

• Registration Requirements: Commercial leases with a term exceeding seven years from the granting date must be registered with the Land Registry. This applies to both the initial lease and any subsequent assignments.
• Assignment Formalities: To register the lease assignment, a formal transfer document needs to be submitted to the Land Registry. This document typically references the licence to assign, demonstrating the landlord’s consent for the transfer.
• Land Registry Fees: There are associated fees for registering a lease assignment with the Land Registry. These fees vary depending on the value of the property and the complexity of the transaction.

Impact of a Licence to Assign on the Assignment Process

The presence of a valid licence to assign streamlines the process of registering a lease assignment with the Land Registry:

• Facilitates Registration: With a licence to assign in place, the Land Registry has clear evidence of the landlord’s permission for the transfer, expediting the registration process.
• Protects Assignee: A registered assignment provides the new tenant (assignee) with a secure and publicly verifiable record of their leasehold interest.
• Avoids Potential Disputes: A licence to assign helps mitigate potential disputes between the landlord, tenant, and assignee regarding the validity of the lease transfer.

Blackstone Solicitors: Your Partner in Effective Lease Assignments

Blackstone Solicitors can guide you through the intricacies of assigning a registered lease and navigating the Land Registry procedures. We can assist you with:

• Reviewing Your Lease Agreement: Our team will thoroughly examine your lease to understand the provisions regarding assignment and any potential restrictions related to obtaining a licence to assign.
• Negotiating the Assignment: Blackstone Solicitors can represent you during negotiations with the assignee, ensuring a fair and balanced agreement that protects your interests as the tenant.
• Obtaining a Licence to Assign: We can communicate with the landlord and draft a compelling request for a licence to assign, outlining the benefits of the proposed assignment.
• Land Registry Procedures: Our solicitors will guide you through the process of registering the lease assignment with the Land Registry, ensuring all necessary documents are filed accurately.

Contact Blackstone Solicitors Today

Assigning a registered lease can involve complex legal and administrative steps. Blackstone Solicitors can provide expert legal guidance throughout the process, ensuring a smooth transition for all parties involved and a successful update of the Land Registry record.

Additional Considerations

• Landlord’s Refusal: Landlords are not obligated to grant a licence to assign. Understanding the reasons for refusal can help you address their concerns or potentially reach a compromise.
• Costs Involved: Be prepared for potential costs associated with the assignment process, including legal fees, a licence to assign fee (if applicable), Land Registry fees, and valuation costs for the property.
• Transparency and Communication: Maintaining open communication with your landlord, the assignee, and the Land Registry is crucial throughout the process for a smooth and efficient lease assignment.

By understanding the interplay between licences to assign and the Land Registry, parties involved in lease transfers in England and Wales can approach the process with clarity and confidence. Blackstone Solicitors is here to guide you through the legalities and ensure a successful outcome that protects your interests.

How we can help

We have a proven track record of helping clients deal with the legal aspects of commercial leases. We will guide you through the process and ensure all checks are carried out swiftly and efficiently and we firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting.

How to Contact Our Commercial Property Solicitors

It is important for you to be well informed about the issues and possible implications of commercial leases. However, expert legal support is crucial in terms of ensuring a positive outcome to your case.

To speak to our Commercial Property solicitors today, simply call us on  0345 901 0445 , or click here to make a free enquiry . We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.

Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.

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CHART OF REGISTRATION FEES

1. DEED OF ASSENT } 2. DEED OF TRUST } 3. DEED OF MOIETY } 4. DEED OF SEVERANCE } K83.40 + K166.80 CERTIFICATE OF TITLE FEE 5. SUBSTITUTION OF DIAGRAM } 6. DEED OF GIFT } 7. FULL CERTIFICATE OF TITLE } 8. DEED OF PARTITION } 9. COMMON LEASEHOLD } K 83.40 + K166.80 FOR EACH CERTIFICATE OF TITLE 10. SEPARATE CERTIFICATE OF TITLE } 11. DEED OF EXCHANGE } 12. LETTERS OF ADMINISTRATOR/PROBATE } 13. COURT ORDERS/JUDGMENTS } 14. CAVEAT/WITHDRAWAL OF CAVEAT } K83.40 15. DISCHARGE OF MORTGAGE } 16. MEMORANDUM OF DEPOSIT OF TITLE } 17. DEATH CERTIFICATE (MEMORISING ON TITLE) } 18. DEATH CERTIFICATE LEADING TO NEW TITLE K83.40 + K166.80 CERTIFICATE OF TITLE FEE 19. CERTIFICATION OF DOCUMENTS (DEGREES, NRC, DIPLOMAS ETC) K83.40 20. CERTIFICATION OF DOCUMENTS /PAGE TITLES, LEASES ETC) K33.60 21. REMARKS AND CANCELLATION OF REMARK K 83.40 22. PHOTOCOPIES K 16.80 23. COMPUTER PRINTOUT (LAND REGISTER) K 41.70 24. OFFICIAL SEARCH K166.80 25. SEARCH BY NAME/PER NAME K 33.60 26. REPLACING CERTIFICATE OF TITLE COVER K 83.40 27. DEFACED TITLE K250.20 28. MISCELLANEOUS DOCUMENTS EXCEPT DEBENTURES K 83.40 29. CERTIFICATE OF INCORPORATION K500.00 30. BILL OF SALE K166.80 31. DUPLICATE CERTIFICATE OF TITLE K333.60 32. MORTGAGES K4000.00 MAXIMUM OTHERWISE 1% OF MORTGAGE 33. ASSIGNMENTS K15000.00 MAXIMUM + K166.80 OTHERWISE 1% OF ZRA VALUE 34. LEASE AGREEMENTS K15000.00 MAXIMUM OTHERWISE 2% AVERAGE ANNUAL RENT 35. REGISTRATION AND NUMBERING/PER PROPERTY K 166.80 36. OFFICE COMPILATION K1668.00 37. CERTIFIED TRUE COPY DIAGRAMS (CTC’s) K 166.80 38. SUPERSEDE DIAGRAMS K 333.30 39. NEW DIAGRAMS K1668.00 40. DIAGRAMS FOR GOVERNMENT HOUSES K 166.80 41. SKETCH PLANS K 250.20 42. MARKING OFF (PER PROPERTY) K 250.20 43. STAT FILING (PER COPY) K 83.40 44. SEARCH FEE (UNDER SURVEYS DEPARTMENT) K 83.40 45. DATA PROCESSING (PER DAY) K 250.20 46. EXAMINATION FEE (STANDS/LOTS/FARMS IN URBAN AREAS) K 116.70 47.EXAMINATION FEE (LOTS/FARMS OUTSIDE URBAN AREAS) 48. MAP SALES K 166.80 HARD COPY K 100.00 SOFT COPY K 150.00 49. EXPIRATION FEE K 333.60 49. SURRENDER FEE K 333.60 50. CONSENT FEE K 333.60 ( FOR ZAMBIANS) 51. CONSENT FEE K 667.20 (FOR NON-ZAMBIANS) 52. NUMBERING FEE/PER PROPERTY K 166.80 LANDS TRIBUNAL FEES 53. COMPLAINT K 8.40 54. AFFIDAVIT IN SUPPORT OF COMPLAINT K 8.40 57. CERTIFICATE OF EXHIBITS K 8.40 58. CERTIFICATE OF URGENCY K 33.60 59. AFFIDAVIT OF SERVICE K 8.40 60. APPOINTMENT OF ADVOCATES K 83.40 61. APPLICATION TO APPEAL OUT OF TIME K 33.60 62. FILE SEARCH K 41.00 63. INJUNCTION K125.10 64. ALL SUMMONS K 8.40 65. AFFIDAVIT IN OPPOSITION K 8.40 66. NOTICE TO DISCONTINUE WITH ADVOCATES K 83.40 67. SKELETONS ARGUMENTS K 8.40 68. OTHER ORDERS AND DOCUMENTS K 8.40 69. NOTICE TO ADJOURN K 8.40 PLEASE OBTAIN AN OFFICIAL RECEIPT AND PRESENT IT TO THE TRIBUNAL SECRETARIAT FOR YOUR DOCUMENTS TO BE ACCEPTED FOR FILING

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Deed of Assignment of Registered Lease (TR1)

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• Business and industry

HM Land Registry portal: electronic Document Registration Service (e-DRS)

How Business e-services customers can use e-DRS to submit applications with up to 50 title numbers using the portal.

Applies to England and Wales

If your application exceeds 50 title numbers, please read Large scale applications and calculation of fees (PG33) , then use our contact form to contact the Bulk Applications Team directly.

Select type of registration

Before you begin the application process, check the document(s) to be attached have been scanned.

Login to portal

Select ‘Document Registration Service’, then ‘Registration Service’.

• document registration: submit a transaction that affects the whole of a property
• submit a lease extension
• submit a new lease
• submit a transfer of part application
• remove default Form A restriction
• To check the limitations on document lodgement, select ‘View limitations’.
• To view the definitions of each application type accepted on e-DRS, select ‘View application definitions’.
• Select ‘Next’.

Submit a transaction that affects the whole of a property (document registration)

• Type in ‘Your reference’. HM Land Registry will use this reference in any correspondence.
• Enter ‘Title number’ for the property and then select ‘Add’. The title number and property address will be shown.
• Check that the property description matches the one shown on documents relating to your application. If the details are incorrect, select ‘Remove’ to delete the title number.

To add another title number, repeat the process. You can add up to 50 title numbers per application.

Attach the application form and supporting documents

• Select ‘AP1 application to change the register’ from the ‘Application’ drop down menu. You must attach a minimum of one application form for each e-DRS application.
• Select ‘Choose file’ to find the AP1 document you are attaching. The file location address will be shown in the file location box.
• You must choose the correct certification statement for each document attached, or your application may be delayed.
• Select ‘Attach’.
• Enter the expected fee for the application. See the fee calculator for guidance. Details of the VDD account to be debited are shown.

Use the Application drop down menu to attach any other documents that support the application.

If you need to add additional documents to the application after submitting your application, you may do so using the Reply to a requisition function. It is not necessary to lodge additional documents as a new application.

MD Ref and notes

If there is a MD reference on your charge you will need to enter it in the field ‘MD ref’:

• Once the MD reference has been filled in, you will be able to enter the ‘Charge date’.
• When you have completed the process, the AP1 application and any supporting documents will be listed. To delete any unwanted or incorrect attachments, select ‘Remove’.
• Use ‘Notes’ to add any other information that relates to the application. This is stored as part of the application.

When you have attached all the relevant attachments, select ‘Submit’ to submit the application.

Confirmation details

A message confirms your application has been accepted.

• Please use the HM Land Registry reference number in any future correspondence about your application.
• To save these details, select ‘Download as PDF’. When the application has been completed, the results can be collected from your PDF downloads area. Alternatively, activate RSS feed notifications to receive a notification each time an application is completed.
• To submit a new e-DRS application, select ‘New Registration Service’.

Submit a lease extension

Select ‘Document Registration Service’, then ‘Registration Service’. Choose ‘Lease Extension’.

• Enter your reference.
• Enter a landlord title and select ‘Add’.
• Enter the tenant title number and select ‘Add’. Once this has been added, the field will be greyed out.
• Enter any additional title numbers that affect your application, enter the title number and select ‘Add’. The title will appear in the box below.
• Attach documents and certify in the same way as transactions that affect the whole of a property (see Attach the application form and supporting documents ).

Submit a new lease

• Enter your reference
• Enter a landlord title number and select ‘Add’.
• To enter any additional title numbers that affect your application, enter the title number and select ‘Add’. The title will appear in the box below.

Submit a transfer of part application

• Enter the transferor title number and select ‘Add’.
• To enter any additional title numbers that affect your application, enter the title number and select ‘Add’. The titles will appear in the box below. Note: Title numbers falling in more than one local authority area are unsuitable for submission and you must lodge the application in paper form.

Remove default Form A restriction

You should use the service ‘Removal of default Form A restriction’ when you want to remove a Form A restriction that has been entered by default on a previously completed application you have submitted for registration, and you have received a letter (in form JP1).

• Enter ‘Title number’ for the property and then select ‘Add’.
• the scanned copy of the letter must be signed in the signature section
• only the scanned copy of the letter should be attached
• if there are any other transactions to be considered please use the Document Registration Service (this service should only be used when the removal of the Form A restriction entered by default is the sole transaction)
• if the Form A has not been entered by default use the Document Registration Service in form RX3.
• Select ‘Submit’.

Reply to a requisition

If you need to add further documents to your application, either as a result of a requisition or because you need to add further information, please use ‘ Reply to Requisition ’. You do not need to have received a requisition from us to use that portal function.

About entering fees:

• you will not be able to submit an AP1 until you have entered a fee
• if you submitted your application with an incorrect fee, we will contact you if the fee you quoted is an underpayment, or if it is a significant overpayment
• if we need to issue a refund because the fee that you had quoted was too high, your monthly statement will show the reference you entered into the ‘your reference’ field alongside the amount credited
• if the application type you are sending us does not carry a fee, such as a discharge application, please enter a ‘0’ into the fee field
• if the fee you enter is less than the minimum for the type of application you are sending us, you will not be able to submit the application and you will receive an error message
• the maximum fee you can currently enter is £999. We expect to increase this in the near future. If the fee is more than £999, enter ‘999’ and a caseworker will contact you to agree the correct fee and ensure this is taken

When you have completed your tasks, select ‘Logout’ at the top of the screen to exit the system securely.

Link added to the Bulk Application Team's contact form.

Guide updated with new feature: removal of default Form A restriction.

Guide updated following the addition of a ‘fee’ field in our electronic Document Registration Service

'Reply to a requisition' paragraph updated to reflect the new feature available in portal.

First published.

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