188体育

1. Overview

The following Lease closure transactions are available when applying for a transfer of part (TP) or a new lease (NL).聽

1.1 Lease closure 鈥� by disclaimer (TP)聽

Use where bankruptcy or liquidation has occurred.聽

1.2 Lease closure 鈥� by notice (TP/NL)聽

Use where the lease is terminated, for example following exercise of a break notice. The lease needs to be outside Landlord and Tenant Act 1954 and the Local Government Housing Act 1989. You can use panel 9 of the CN1 to provide confirmation. Where determined by notice, provide a copy of the notice.聽

1.3 Lease closure 鈥� merger with reversionary estate (TP)聽

Make sure you are able to apply for merger with reversionary estate before you select this transaction.聽

Two estates must be in same ownership (same person, same capacity, for example, 1 absolute owner & 1 trustee or personal representative - not possible).

You may need to:聽

• provide evidence that the applicant holds all estates in the same capacity聽
• provide evidence that the applicant holds all estates upon the same trusts聽
• provide evidence that the trust no longer applies (so you鈥檒l need to apply to cancel the existing Form A restriction or apply for a Form A restriction on the title or titles which does not have one together with a certificate that the applicant holds all estates upon the same trusts or if you are also lodging an application for transfer or Form A restriction in a transfer, make sure you choose the correct priority order (for example, transfer first)聽

1.4 Lease closure 鈥� of assured tenancies following court order (NL)聽

Refer also to Schedules 1 and 7 of the Housing Act 1988.聽This is only for use where the lease is registered.聽

1.5 Lease closure 鈥� on frustration (NL)聽

Use for the automatic determination of a lease by the doctrine of frustration, not by an event referred to in the 鈥榝rustration clause鈥� in the lease.聽

1.6 Lease closure 鈥� surrender by deed (NL)聽

The tenant surrenders the interest by way of deed and the landlord accepts. There is no prescribed form this can take but the landlord must consent to the surrender and evidence of this consent must be lodged.鈥痀ou will need to lodge a copy of the deed of surrender or other deed effecting the surrender.聽

1.7 Lease closure 鈥� surrender by deed (not for value or reverse premium) (NL)聽

As above, but not for value.聽

1.8 Lease closure 鈥� surrender by deed (together with transfer) (TP)聽

Use when surrender is being effected by a transfer. This transfers it to the reversionary estate (for example, to the landlord).聽

Select, 鈥楲ease closure - surrender by deed (together with transfer)鈥� and, 鈥楾ransfer鈥�. Make sure the surrender is clear in the additional provisions panel, or by including a letter making it clear.聽

The鈥痩andlord鈥痬ust鈥痗onsent鈥痶o the surrender.

Consent can be established by:聽

• lodging a letter of consent or by the landlord (or their鈥痗onveyancer) applying to close the registered鈥痩easehold鈥痶itle鈥痑nd/or cancel鈥痭otice鈥痮f the鈥痩ease
• the鈥痙eed鈥�(or duplicate deeds signed separately) being executed by both the鈥痩andlord鈥痑nd鈥痶enant鈥痑nd incorporating wording along the following lines:聽

鈥淸Tenant] hereby [transfers and] surrenders to [landlord] the鈥痩and鈥痗omprised in the鈥痶itle鈥痑bove mentioned to the intent that the鈥痶erm鈥痮f years granted by the [registered]鈥痩ease鈥痬ay merge and be extinguished in the鈥痳eversion鈥痶hereof.鈥�

or

鈥淸Tenant] transfers and surrenders and releases to [landlord] all their estate and鈥痠nterest鈥痑nd rights in that part of the whole of the鈥痩and鈥痗omprised in the above鈥痶itle鈥痚dged 鈥� on the annexed plan (鈥榯he Surrendered鈥疞and鈥�), to the intent that the residue of the鈥痶erm鈥痮f years granted by the registered鈥痩ease鈥痠n so far as it relates to the Surrendered鈥疞and, and all or any other estate, interest or鈥痳ight鈥痮f the鈥疶enant鈥痠n the Surrendered鈥疞and, whether granted by or arising from the registered鈥痩ease鈥痮r any鈥痙eed鈥痮r document supplemental to it or otherwise, is to merge and be extinguished in the鈥痳eversion鈥痠mmediately expectant on the鈥痶erm鈥痮f years granted by the registered鈥痩ease.鈥澛�

1.9 Lease closure 鈥� surrender by deed (not for value or reverse premium) (TP)聽

As above, but not for value.聽

1.10 Lease closure 鈥� surrender by operation of law (TP/NL)聽

This is to be used when there is implied surrender due to actions of both parties.鈥� In most cases鈥痽ou will need to鈥痩odge a鈥痵tatutory declaration or statement of truth confirming: any consideration paid, that no deed of surrender鈥痺as entered into,鈥痶hat premises have been vacated and if required, evidence to account for rent from any鈥痮ccupying under-lessee.聽

1.11 Lease closure 鈥� surrender by operation of law (not for value or reverse premium) (TP/NL)聽

As above, but not for value.聽

2. Application details聽

Lease closure transactions appear as either standalone register updates (see 鈥榮tandalone lease closure鈥� guidance) or can be added as additional titles on TPs or New Leases (see 鈥榥ew lease鈥� guidance).聽

This guidance will focus on lease closure as part of a Transfer of Part application.聽

Enter the closing leasehold titles as a 鈥榬elated鈥� title number. This captures a 鈥榙ealing鈥� against the tenant titles.聽

If only transferor or landlord titles are entered, the full list of lease closure options will not appear in the transaction list.聽

Confirm the application affects the whole of the related title.聽

2.1 Transaction selection and fee calculation聽

Once a transfer (or assent) transaction is selected, you can select a lease closure as a later priority.聽

The list of lease closures available with Transfer of Part (TP) is a smaller choice than those available as Register Updates (RU) (also known as Dealings).聽

The fee will vary depending on the type of lease closure selected.聽

2.2 Link transactions and titles聽

The transactions are linked to title numbers.聽

They are automatically linked where possible, but you may need to edit manually.聽

You cannot use this for any subsequent onward transfer. You will have to apply for that against the new title created by the TP 鈥� you鈥檒l get the new title number on submission of this application.聽

2.3 Calculate fee聽

Enter the relevant values and the fee is calculated automatically. Note that the fee for lease closure is not waived for any surrender by deed.聽

2.4 Transaction details and attach documents聽

Tenant and landlord details are required to populate the eAP1, as well as the transferee or transferor details as part of the transfer.聽

Document prompts are dynamic and will populate based on the transaction.聽

Some lease closures have no required documents, but a variety of suggested ones.聽

The note of the lease will be automatically removed from the landlord鈥檚 title, you do not need to lodge a CN1 for this to be done.聽

Where the required evidence is various, the, 鈥楢ttach and certify document鈥�, screen will have the list of options, as in the example to the right.