Q&As

A tenant seeks to register a lease. A restriction on the superior title provides that the tenant must enter into a deed of covenant to observe the covenants contained in a transfer and that a certificate of compliance must be obtained from the beneficiary’s conveyancer. The tenant has entered into the deed of covenant, but the beneficiary has not responded. What can the tenant do?

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Published on LexisPSL on 13/04/2018

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

  • A tenant seeks to register a lease. A restriction on the superior title provides that the tenant must enter into a deed of covenant to observe the covenants contained in a transfer and that a certificate of compliance must be obtained from the beneficiary’s conveyancer. The tenant has entered into the deed of covenant, but the beneficiary has not responded. What can the tenant do?

The Land Registry Practice guide 19A: restrictions and leasehold properties states at paragraph 3.3:

‘The registrar may cancel a restriction only where they are satisfied that it is no longer required. As an alternative you may be able to apply for the registrar to make an order to disapply the restriction under section 41(2) of the Land Registration Act 2002. It will not usually be possible to cancel (rather than to disapply) a restriction where, for example, the restrictioner cannot be traced or contacted or where it is claimed that a consent or certificate required under the terms of the restriction is being unreasonably withheld.

You need to apply using form RX2 to disapply a restriction, and pay the appropriate fee. As part of the application you need to iden

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