Q&As

Where a ‘new lease’ is not registered at the Land Registry and was subsequently assigned, and the reversion also transferred, what is the status of the lease between the current landlord and tenant and would the current landlord be able to pursue the tenant for unpaid rent?

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Produced in partnership with Desmond Kilcoyne
Published on LexisPSL on 19/10/2018

The following Property Disputes Q&A produced in partnership with Desmond Kilcoyne provides comprehensive and up to date legal information covering:

  • Where a ‘new lease’ is not registered at the Land Registry and was subsequently assigned, and the reversion also transferred, what is the status of the lease between the current landlord and tenant and would the current landlord be able to pursue the tenant for unpaid rent?

Where a ‘new lease’ is not registered at the Land Registry and was subsequently assigned, and the reversion also transferred, what is the status of the lease between the current landlord and tenant and would the current landlord be able to pursue the tenant for unpaid rent?

The grant of a tenancy for a term of more than seven years from the date of grant is required to be registered at the Land Registry. If the requirement of registration is not complied with, the transfer, grant or creation becomes void as regards the transfer, grant or creation of a legal estate; instead, the grant or creation has effect as a contract made for valuable consideration to grant or create the legal estate concerned. Accordingly, the unregistered lease will be an ‘equitable’ tenancy and will remain so until formally registered.

Generally, the Landlord and Tenant (Covenants) Act 1995 (LT(C)A 1995) applies to tenancies which are granted after 1 January 1996. Under LT(C)A 1995, s 3(1):

‘The benefit and burden of all landlord and tenant covenants of a tenancy—

(a) shall be annexed and incident to the whole, and to each and every part, of the premises demised by the tenancy and of the reversion in them, and

(b) shall in accordance with this section pass on an assignment of the whole or any part of those premises or of the

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