Q&As

A freeholder has let the property on a 20-year lease. The tenant has left and the landlord has repossessed. The lease was registered against the title. How can I remove the lease from the title?

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Published on LexisPSL on 12/05/2015

The following Property Q&A provides comprehensive and up to date legal information covering:

  • A freeholder has let the property on a 20-year lease. The tenant has left and the landlord has repossessed. The lease was registered against the title. How can I remove the lease from the title?
  • HM Land Registry requirements

A freeholder has let the property on a 20-year lease. The tenant has left and the landlord has repossessed. The lease was registered against the title. How can I remove the lease from the title?

A surrender of a lease may be implied, or it may occur by operation of law. This situation arises whenever the landlord and the tenant act in a manner that is inconsistent with the continued existence of the lease. Examples of such surrenders include:

  1. the landlord granting a new lease of the same premises to the existing tenant

  2. the tenant giving up possession of the premises (eg by returning the keys to the landlord and vacating) and the landlord either going back into possession of the premises or granting a new lease to a new tenant with the original tenant’s actual or presumed consent

  3. the landlord and the tenant agreeing to extend the term of the lease or to increase the extent of the demised premises (in which case, the law also implies a regrant of the lease to the tenant on the varied terms)

See Practice Note: Lease surrenders for further information.

HM Land Registry requirements

In most of the above

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