Q&As

Is there any authority that says that, where there is a lease of more than seven years that it must be registered before a break notice can be exercised in circumstances where the lease does not contain that as a pre-condition? Alternatively, if there is such a pre-condition but the landlord has failed to answer any requisitions raised by HM Land Registry and thus prevented registration, can it object to the service of the break notice?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 01/04/2019

The following Property Disputes Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Is there any authority that says that, where there is a lease of more than seven years that it must be registered before a break notice can be exercised in circumstances where the lease does not contain that as a pre-condition? Alternatively, if there is such a pre-condition but the landlord has failed to answer any requisitions raised by HM Land Registry and thus prevented registration, can it object to the service of the break notice?

Is there any authority that says that, where there is a lease of more than seven years that it must be registered before a break notice can be exercised in circumstances where the lease does not contain that as a pre-condition? Alternatively, if there is such a pre-condition but the landlord has failed to answer any requisitions raised by HM Land Registry and thus prevented registration, can it object to the service of the break notice?

Section 27 of the Land Registration Act 2002 (LRA 2002) provides that, if a disposition of a registered estate is required to be completed by registration, it does not operate at law until the relevant registration requirements are met. LRA 2002, s 27(2) provides that dispositions required to be completed by registration include a transfer and, where the registered estate is an estate in land, the grant of a term of years absolute for a term of more than seven years from the date of the grant. Therefore, where a lease for a term of more than seven years is granted, that lease must be registered.

In Sackville UK Property Select II (GP) No.1 Ltd v Robertson Taylor Insurance Brokers Ltd, the Court of Appeal considered the purported exercise of a break clause by a tenant. The landlord issued proceedings for a declaration that the break notice would not determine

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