Q&As

Where a lease granted for a term of 10 years is not registered at HM Land Registry, does this create an equitable tenancy? If so, does this tenancy attract security of tenure under the Landlord and Tenant Act 1954?

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Published on LexisPSL on 13/11/2017

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

  • Where a lease granted for a term of 10 years is not registered at HM Land Registry, does this create an equitable tenancy? If so, does this tenancy attract security of tenure under the Landlord and Tenant Act 1954?

Where a lease granted for a term of 10 years is not registered at HM Land Registry, does this create an equitable tenancy? If so, does this tenancy attract security of tenure under the Landlord and Tenant Act 1954?

Since 13 October 2003, subject to certain exceptions, it has become compulsory to register the grant of a lease for a term of seven years or more out of unregistered or registered land (section 4 of the Land Registration Act 2002 (LRA 2002)). A failure to register the lease will mean that only an equitable, rather than a legal interest will have been granted, pursuant to LRA

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