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Real Estate Tip of the Week: The Registration Gap in a Covid World

Published 13 julio 2020

When a tenant assigns their lease, the assignee will only legally become the tenant once the assignment is registered at the Land Registry. Until the assignment is registered the assignee only has an equitable interest and the legal estate remains with the assignor.

For a landlord the ‘registration gap’ can be a hazardous period if it is seeking to serve any notices on the tenant (e.g. to trigger a break). The landlord must ensure any notice served during the registration gap is served on the correct “tenant” (the legal owner), otherwise the notice will be deemed invalid.

The landlord should ensure that any licence authorising an assignment includes provision for service of any notices or proceedings, served on the tenant after the date of the assignment but before completion of registration at the Land Registry, on the assignee as agent for the outgoing tenant.

The Land Registry is trying to operate as close to normal during the COVID-19 pandemic but inevitably some applications are taking much longer than normal. Areas where the Land Registry has identified a risk of more significant disruption includes registration of new leases, transfers of part, or other applications where the register needs to be changed.

While it is possible to request that a particular application is expedited, the circumstances justifying this might not exist or the pressure on the Land Registry may well mean that there are delays even where a request for an application to be expedited is granted.

We are here to help so do get in touch with us to ensure that your notices are served correctly.

Authors

Helen Wills

Bristol

+44 (0)117 918 2213

hwills@dacbeachcroft.com

Real Estate Tip of the Week: The Registration Gap in a Covid World

Authors

Helen Wills

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